IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


11.25 


■  50 


Hi  m 


1^  m 

1.8 


U    IIIIII.6 


71 


% 


/: 


7 


/A 


Photographic 

Sciences 

Corporation 


^^ 


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^q 


V 


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Lv 


6^ 


23  WEST  M^vIK  STREET 

WEBSTER,  N.Y.  .-iSP  ! 

(716)  872-4S03 


%^ 


l& 


CIHM/ICMH 

Microfiche 

Series. 


CIHIVI/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


n 


Coloured  covers/ 
Couverture  de  couleur 


I      .    Covers  damaged/ 


D 
D 


D 


Couverture  endommagde 

Covers  restored  and/or  laminated/ 
Couverture  restaur6e  et/ou  pellicul^e 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  g6ographiques  en  couleur 


□    Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

I      I    Coloured  plates  and/or  illustrations/ 


n 


Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
Relii  avec  d'autres  documents 


Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serr6e  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  int^rieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omittod  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouties 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  6t6  film^es. 

Additional  comments:/ 
Commentaires  suppldmentaires; 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  M  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mdthode  normale  de  filmage 
sont  indiquds  ci-dessous. 

□    Coloured  pages/ 
Pages  de  couleur 

□    Pages  damaged/ 
Pages  endommagdes 

rrj/Pages  restored  and/or  laminated/ 
Ljd    Pages  restaurdes  et/ou  pelliculdes 

rrr/Pages  discoloured,  stained  or  foxed/ 
U^  Pages  ddcolor^es,  tachetdes  ou  piqudes 

□    Pages  detached/ 
Pages  ddtach^es 

[""j/Showthrough/ 
LJ^    Transparence 

rrV  Quality  of  print  varies/ 


Quality  indgale  de  I'impression 

Includes  supplementary  material/ 
Comprend  du  materiel  suppl^mentaire 

Only  edition  available/ 
Seule  Edition  disponible 


D 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partieilement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  filmdes  d  nouveau  de  facon  d 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  bel.  a// 

Ce  document  est  film6  au  taux  de  reduction  indiqui  ci-dessous. 


10X 

14X 

18X 

a2x 

26X 

30X 

/_ 

12X 


16X 


20X 


24X 


28X 


32X 


ails 

du 

idifier 

une 

nage 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

National  Library  of  Canada 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
oi  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  covers  are  filnr^jid 
beginning  with  the  front  cover  and  endirg  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  lact  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — »-  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 


L'exemplaire  film6  fut  reproduit  grdce  d  la 
g6n6rosit6  de: 

Bibliothdque  nationale  du  Canada 


Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettet6  de  l'exemplaire  film6,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimis  sont  filmis  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  smpreinte 
d'impression  cu  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  fiimds  en  commengant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — »>  signif ie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
film6s  d  des  taux  de  reduction  diff^rents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clichd,  il  est  film6  d  partir 
de  I'angle  sup6rieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  mdthode. 


-ata 


elure. 


3 


I2X 


1 

2 

3 

1 

2 

3 

4 

5 

6 

i 


:_jk!Viel»v 


-^J.»•■*• 


\. 


DEFENCE 


OF    THE 


New-England 
CHARTERS 


^%^%^^^%^%^ 


By  Jer.    Dummer.  ^^  ^ 

Piikhrum  eft  Patrick  bcncfacere,  etiam  henedicere  hand 
abjurdiim  eft.  Sali.ust. 


B    o    s   r  0   N  I 

Re-printed  by  B.  Green  and  Comp.  for  D.  Gookin, 
over  againll  the  Old  South  Meetin2;-IIoure.    174-. 


-'■m»^eu,.sj^/ 


..J^^ 


'"\^, 


■.^.,i-  .-,  f»;,v  ;.-  "ji-t.- ■  ■/■-»«,jf.r:.;4'--- 


,  ■'  \^  ■  %^. 


^9i.: 


■:c   .-^Tj^   ^Vi  '■•; 


.  ..V  X. 


■— I'-  -.     '(•>> 


•d   ; 


■-■■    i 


To  the  Righv  Honourable  the     .     ,>;j, 

"LordC  ^  RTERET, 

One  of  His  Majesty's  Principal 
Secretaries  of  State. 


My  Lord, 

gj  Aving  lately  had  the  Honour  of  pre- 
fenting  the  humble  Addrefs  of  the 
Province  of  the  Mafachufetis-Bayio- 
His  Majefty  for  the  Continuance  of 
their  Charter  Privileges,  which  ihey 
apprehend  infomeDanger ;  it  feem'd 
agreable  at  the  fame  Time,  to  explain  the  Right 
which  the  Charter  Governments  have  to  thofe  Pri\'i- 
leges.  Nor  could  an  Argument  of  this  Nature  be  fo 
properly  addrefs'd  to  any  other  Perfon  as  Yoar  I^cx-d- 
fliip,  who  in  your  high  Station,  have  all  His  Majelliy's 
Colonies  and  Plantations  within  Your  Provirxc,  and 
under  Your  immediate  Care. 

My  Lord,  the  Colonies  I  plead  for,  ciik  only  Ju(- 

tice  5    yet  if  their  Circumflances    fliould  require    the 

Royal  Grace,  they  humbly  hope  they  have  fome  Claini 

to  it  from  their  firm  and  exemplary  LoyaUy,      For  It 

A  2  mav 


M 


'J 


( 


it 


D  E  D  I  C  ATIO  iV* 


;u 


■'Mf^-^w-     y^''-> 


may  be  iiiid  to  their  Honour,  that  it  is  not  known 
there  is  a  fingle  Perfon  in  all  the  Charter  Govern- 
ments, whatever  there  may  be  in  the  reft,  who  is  not 
zealoufly  devoted  to  His  prelent  Majefty,  and  to  the 
Succeffion  in  His  illuftrious  Family. 

It  would  be,  my  Lord,  a  rafti  and  ill-judg'd  At- 
tempt in  me,  to  enter  here  into  Your  Lordfliip's  Cha- 
rad:er,as  the  Manner  of  Dedicators  is ;  I  fhall  not  there- 
fore prefume  to  mention  thofe  great  Abilities  which 
have  diftinguifh'd  Your  Lordfhip  in  foreign  Courts  as 
well  as  our  own  -,  but  only  beg  Leave  to  exprefs  my 
Thanks  for  that  amiable  Goodnefs,  fo  confpicuous  in 
Your  Lordfhip,  which  foftens  the  Brow  of  the  Minif- 
ter,  and  makes  our  Accefs  eafy,  when  publick  Bufinefs 
calls  us  to  attend  Your  Lordfliip. 

May  You  long  continue  an  Ornament  and  Support 
to  His  Majefty's  Councils,  '      ■•  •     -^'  r 

I  am, 

TP^itb  profound  Efteern  a?td  Rcfpcdi^ 

My  Lord,  .'     "     .  ' 

T^oiir  Lordship's 

7noft  Obedient  and 

Devoted  Servant,  ,  .  '•• 


Jer.  Di 


mmer 


*■ 


T 


M 


DEFENCE 


OF    THE 


New- 


Charters 


H  E    general  Name  of  New-England, 
includes  in    its  common    Acceptation    the 
Province  of  the  Majfachufctts-Bay,  the  Co- 
lony of    Come£iicut,     the  Government    of 
Rhode- JJlandi    with    Providence    Plantations, 
and  the  Province  of  Netu-HampJJjire,     The 
three  former  are  Charter  Governments  :  The 
laft,    viz.     Ncvj-hampjljirc^    never   had  any 
peculiar  Privileges,  but  is  under  the  immediate  and  abfolute  Diry(5lioii 
of  the  Crown.     The  MaJJachufetU^  as  it  is  the  fuft  of  all  the  Colo- 
nies in  Extent  of  Territory  and  Numbet  of  Inhabitants,  vv;;s  the  firfl 
incorporated,  having  obtain'd  their  Charter  from  King  Charles 
the  Firft,  in  the  Fourth  Year  of  his  Reign.     The  Colony  of  C:n- 
neSficut  receiv'd  theirs  from  King  Charles  the  Second,  in  162, 
and  the  Fourteenth  Year  of  his  Reign.     The  Government  of  Rhode- 
Jjland\\7A  theirs  in  th^  Year  following.     Thefe  Charters  agreed  in  all 
the  main  Points,  confirming  to  the  Patentees  their  Title  to  the  Soil, 
and  giving  them  ample  Privileges  for  the  well  ordering  and  govcrn- 

ji;?: 


(    2    ) 


i.v 


W 


ing  the  refpe^Uve  Plantations :  They  had  Power  to  make  a  common 
ScaI  ;  to  plead  and  be  impleaded  ;  to  call  General  Aflemblies  ;  to 
make  Laws,  fo  as  they  Were  not  repugnant  to  the  Laws  of  England  ; 
to  aflefs  the  Freemen  ;  to  conflitutc  all  Civil  Officers  ;  to  array  the 
Inhabitants  in  warlike  Pofture,  and  ufe  the  Martial  Law,  when  Oc- 
cafion  rcquir'd.  And  it  was  provided  further,  That  in  cafe  any 
Doubts  fhould  arife,  the  Charters  fhould  have  the  moft  favourable 
Conftrudlion  for  the  Benefit  of  the  feveral  Corporations. 

Invited  and  encouraged  by  thefe  Advantages,  a  confiderable 
Number  of  Perfons  diflenting  from  the  Difcipline  of  the  Eftablifh'd 
Church,  tho'  agreeing  with  it  in  DoSirim,  remov'd  into  thofe  Re- 
mote Regions,  upon  no  other  View  than  to  enjoy  the  Liberty  of 
their  Confciences  without  Hazard  to  themfelves,  or  Offence  to 
others.  Thus  the  Colonies  went  on  increafing  and  flourifhing,  in 
fpite  of  all  DifKculties,  till  the  Year  1684,  when  the  City  oi  London 
lofl  its  Charter,  and  moil  of  the  other  Corporations  in  England^ 
influenced  by  fear  of  Flattery,  complimented  King  Charles  with 
a  Surrender  of  theirs.  In  this  general  Ruin  of  Charters  at  Home,  it 
could  not  be  expeiSled  that  thofe  in  America  fhould  efcape.  It  was 
then  that  a  ^0  If^arranto  was  ifla'd  agalnft  theGovernour  and  Com- 
pany of  the  MaJfachufet-i-Bayy  and  foon  after  a  Judgment  was  given 
againft  them  in  Wejlminjier  HalL  At  the  fame  Time  Sir  Edmund 
jfndrofs,  then  the  King's  Governour  of  New- England,  did  by  Order 
from  Court  repair  to  Hartford^  the  Capital  of  Conne£licut,  with  arm'd 
Attendants,  and  forcibly  feiz'd  their  Charter  for  the  King.  Rhode- 
Ijland,  finding  there  was  no  Remedy  to  be  had,  made  a  Vertue  of 
NecefTity,  and  peaceably  refign'd  theirs.  But  as  foon  as  the  News 
arriv'd  of  the  happy  Revolution  in  England,  thefe  two  lafl  mention'd 
Governments  re-aflum'd  their  Charters,  and  put  themfelves  under 
the  old  Form  of  Adminiftration,  in  which  they  iiave  continu'd  ever 
fince.  The  Government  of  the  MaJJachufetts,  cautious  of  offending 
their  Superiours  at  Home,  and  confidering  there  was  a  Judgment 
againft  them  in  the  Court  of  Chancery,  tho'  mofl  unfairly  and  illegally 
obtain'd,  did  not  think  it  advifeable  to  make  this  Step  ;  but  fent 
Agents  to  Court  to  fupplicate,  in  a  humble  Manner  the  Reftoration 
of  th»ir  Charter.     To  what  Mifmanagemcnt,  or  other  Caufe  it  was 

owing, 


mon 
to 
md  5 

(^  the 
Oc- 


rable 
{h'd 
Re- 
of 
:e  to 
in 


«SI(3  ) 

owing,  that  they  did  not  obtain  it,  and  that  this  Loyal  Corporation 
was  the  only  one  either  in  Old  or  New Englandy  that  did  not  recover 
its  loft  Liberty  under  our  late  Glorious  Deliverer  King  William, 
*tis  now  too  late,  and  therefore  to  no  Purpofe,  to  enquire.  A  new 
Charter  was  ordered  which  the  Province  now  has,  and  is  not  much 
more  than  the  Shadow  oi"  the  old  One.  For  by  thefe  new  Letters 
Patenff»,  the  Appointment  of  a  Governour,  Licutenant-Governour, 
Secretary,  and  all  theOfficers  of  the  Admiralty,  isveftcd  in  theCrown. 
The  Power  of  the  Militia  is  wholly  in  the  Hands  of  His  Majefty's 
Governour,  as  Captain-General.  All  Judges,  Juftices,  and  Sheriffs, 
to  whom  the  Execution  of  the  Laws  is  intrufled,  are  nominated  by 
the  Governour,  with  the  Advice  of  His  Majel^y's  Council.  The 
Governour  has  a  Negative  upon  the  Choice  of  Councellcrs,  which  is 
hoih  peremptory  and  unlimited  :  He  is  neither  oblig'd  to  render  a  Rea- 
fon,  nor  reftrain'd  to  anyNumber.  All  Laws  enadcd  by  theGeneral 
Aflembly  are  to  be  fcnt  Home  for  the  Royal  Approbation  or  Difal- 
lowance.  There  is,  befides,  one  very  comprehenfive  Article  infcrted 
in  this  Charter,  that  no  Laws,  Ordinances,  Elcdlions,  or  Adls  of  Go- 
vernment whatfoever,  fhall  be  of  any  Validity,  without  the  Confent 
of  the  King's  (loverr.our  fignify'd  in  Writing, 

By  thefe  Rcfervaaonr,  the  Prerogative  of  the  Crown,  and  the 
Dependance  of  the  Province  thereon  are  in  the  moft  effectual  Man- 
ner fecur'd,  if  there  had,  been  any  Danger  before,  as  1  hope  in  the 
Sequel  of  this  Difcourfe,  to  dcmonftrate  there  w.-s  not,  ^^-nd  yet  it 
happens  unaccountably  tliat  this  Charter  of  King  Wii^jLiAM,  [o 
limitted  and  rediained,  is  as  obnoxious  as  either  of  the  other  which 
have  their  ruU  and  entire  Force,  Accordingly  when  about  fix 
Years  fince  a  Bill  was  brought  into  theHoufe  of  Commons,  and  twice 
read,  for  regulating  the  Charter  and  Proprietary  Governments, 
this  was  one  among  the  reft,  and  the  firft  nam'd  in  thfe  Bill.  And 
tho'  the  Honourable  Houfe  thought  fit,  upon  hearing  the  Petitions 
prefented  to  them  on  that  Occafion,  to  drop  their  Proceedings,  there 
is  Reafon  to  believe  they  may  at  another  time  refume  them.  It  is 
in  this  View,  that  I  have  put  together  my  Thoughts  on  the  SubjciSt, 
which  for  Methods  fake  I  have  difpos'd  un '  ;r  the  following  Heads. 


-^,^: 


I.  I 


mi  ^)^ 


I.  1  fliall  endeavour  to  fliow,  that  the  CharterGovernments  have 
a  good  and  undoubted  Right  to  their  refpeftive  Charters. 

II.  That  they  have  not  forfeited  them  by  any  Mifgovernment  or 
Male  Adminiftration. 

III.  That  if  they  had,  it  would  not  be  the  Intereft  of  the  Crown 
to  accept  the  Forfeitures.  And, 

IV.  I  fhall  make  fome  Obfervations  upon  the  extraordinary 
Method  of  Proceeding  againft  the  Charters  by  a  Bill  in  Parlia- 
ment. 


1/?.  Propofition,  7lat 
the  Chaffer  Governments 
have  a  good  orj  undoubted 
Right  to  their  refp.'flive 
Charters, 


As  to  the  firft  Point  there  can  be  no 
Difficulty.  The  Charters  were  Gran- 
ted by  the  Crown,  and  the  King  is 
acknowledg'd  to  be  the  Head  andFoun- 
tain  of  all  Corporations  and  Franchifes. 
For  tho'  my  Lord  Coke  takes  notice, 
Thdt  a  Body  Politick  may  be  eflablifh'd  by  Prefcription,  yet  fuch 
Prefcription  is  only  valid  upon  a  Prefumption  that  there  was  an  an- 
cient Grant  of  the  Crown,  which  by  'he  Injury  of  Time  was  after- 
wards loft.  I  need  not  infift  upon  what  no  Body  controverts  ;  but 
it  is  material  to  obferve,  that  the  Anuriean  Charters  are  of  a  higher 
Nature,  and  ftand  on  a  betterFoot,  than  thcCorporations  in  Ergland, 
For  thcfj  latter  were  granted  upon  Improvements  already  made,  and 
therefore  wcreA£^s  of  mcerCrace  and  Favour  in  the  Crown  ;  v.'here- 
as  tlie  former  were  given  as  Pra^miums  for  Services  to  be  prrrform'd, 
and  therefore  are  to  be  confider'd  as  Grants  upon  a  valuable  Conftdera- 
tion  ;  which  adds  Weight  and  Strength  to  the  Title. 

To  increafe  the  Nation's  Commerce  and  enlarge  her  Dominion?, 
mult  be  allow'd  a  Work  of  no  little  Merit,  if  we  confider  the  Hard- 
Ihipi  to  which  the  Adventurers  were  expoled  ;  or  the  Expence  in 
making  their  Settlements  ;  or  laftly,  the  great  Advantaores  thence 
accruing  fo  the  Crown  and  Nation.  It  would  be  an  endlefs  Tafk  to 
recount  all  the  Difappointments  and  Difafters  that  befel  the  firft 
Planters  in  thefe  Enterprises.  I  fhall  therefore  only  fay  in  General, 
that  after  many  Dangers  in  their  Voyages  over  the  Atlantick,  which 
was  not  fuel,  an  eafy  N    igation  a  hundred  Years  ago  as  it  is  now, 

thev 


«s{(5)ii» 


Ihave 

It  or 

[own 

jnary 
irlia- 


they  arrlv*d  at  an  Inhofpitable  Shore  and  a  waftc  WilJernefs  wlicra 
there  were  few  of  the  Neceflarics,  and  not  one  Accommodntion  of 
Life  i  where  the  Climate  was  (o  extreme,  the  Summer  hcaf .  fo 
fcorching,  and  the  Winters  fo  long  and  Co  colJ,  that  the  Country 
fcem'd  fcarcely  habitable  ;  and  to  fum  up  their  Misfortunes,  thry 
found  them  ft  Ives  inevitably  engag'd  in  a  War  witii  the  Natives,  iij 
that  by  Fiitigoe  and  Famine,  by  the  Extremity  of  the  Seafons,  and 
by  aWar  with  the  Savages,  the  firft  Planters  foon  found  their  Graves, 
leaving  the  young  Settlements  to  be  perfected  by  their  Survivors. 

To  omit  all  this,  I  fhall  only  be  particular  in  the  Expence,  which 
was  above  200,000  /.  in  fetling  the  fingle  Province  of  the  Majfadu- 
fetts-Bay.  TUq  Account  (lands  thus  :  The  Freight  of  the  Paffcngcrs 
coft  95000  /.  The  Tranfportation  of  their  firft  Stock  of  Cattle 
came  to  1 1000 /.  The  Provifions  laid  in  for  Subfiitance,  till  by 
Tillage  more  could  be  rais'd,  coll  45000  /.  The  Materiuls  for 
BuilHing  their  fiifl  little  Cottages  came  to  18000 /.  Their  A''ms 
and  Ammunition  coft  22000/.  Tiie  fevcral  Articles  amount  to 
192000  /.  not  taking  in  to  the  Account  the  very  great  Sums  which 
were  expended  in  Things  of  private  life,  that  People  could  not  be 
without,  who  were  going  to  pofl'efs  an  uninhabited  Land.  I  mu(t 
add,  that  192  Ships  were  employ'd  in  making  this  great  Plantation, 
and  twelve  Years  were  fpiiu  belbre  it  was  brought  to  any  tolerable 
Degree  of  Pcrfc<5lion. 
•  ■>.(. 

As  great,  however,  as  this  Expence  was,  I  believe  It  will  appear 

that  the  Settlement  of  New- Englav.d  was  not  more  ciiarge.ble  to  tl.e 
Adventurers,  than  it  has  been  in  its Conr':qL" iice  profiiaule  to  (j^eal- 
Britain.  There  is  no  fort  of  Brl:ijh  JManuf  61  a  c,  but  what  the 
Subjects  there  demand  in  a  greater  or  Itfs  Proportion,  as  thc>  hi.ve 
Ability  to  pay  for  it }  every  Thing  for  the  Ule,  Cunv^-iiience,  Orna- 
ment, and  (  I  fay  it  with  regret  )  for  the  Luxury  and  Pride  of  Lilc. 
Some  of  the  oldeft  and  mod  experienc'd  Traders  to  (hofe  Parts  have 
by  Computation  made  thefe  F?:ports  arife  to  the  Value  of  3000-  0  /. 
per  Annum.  The  Imports  from  ihcnce  are  equally  beneficial  to  the 
Kingdom.  They  brought  home  Bullion  as  long  as  they  had  any  left ; 
and  now  they  are  fo  cxhaufted 


-y 


B 


tl 


ley 


I  >  r'T' 


J 


they  dorfflriue  to  rernit  it  by  tTie  Way  of  Spahfi  Pcrtugul  and  the 
^irelghis ;  It  is  there  th^J'  fill  their Fifti,  and  thePi-oduce  of  it  comes 
hither  in  Gold  and  Silver,  or  Fills  of  Exchange,  *(vhich  is  the  fame 

thing. 

Other  and  better  Returns  thati  Money  it  felf  tfey  i«ake  in 
Mafts,  the  faireft  and  largeft  in  th6  IvholeWorld,  befides  Pitch,  Tar, 
Turpentine^  Uofin,  Plank,  Knees  for  Ships,  and  other  Sjiecles  of 
Timber  for  various  Ufes.  Thefe,  efpccially  Pitth  and  Tar,  were 
formerly  purchas'd  of  the  Siuede  with  Crown  Pieces  at  intoUerable 
Prices  ;  but  fince  the  Encouragement  given  for  their  Importation 
from  New-England^  they  have  fallen  to  half  the  Value.  It  is  to  be 
farther  confKltr'd,  that  what  've  take  of  thefe  Commodities  from  our 
cw!i  Plantations,  is  brought  Home  in  oiir  owh  Ships,    and  paid  for 

iVIih  our  Mahuir^tures. 

New- England  alfo  imports  Logwood  for  the  dV'ng  our  Wytr^Iktt 
Goods,  in  Qiiantities  fufficifcnt  for  our  own  Uie,  and  a  Surplus  with 
tthich  we  furnith  lldland^  Hambro\  and  cthjr  Markets  in  Europe. 
It  is  wholly  owing  tO  the  Induftry  of  the  Pecpli;  oi  Nav- England ^ 
that  this  ufcful  Commodity  is  rcduc'd  from  30  and  40/.  per  Ttm^ 
v^hich  we  us'd  to  pay  for  it  to  the  Spaniards  to  12  /.  p,:r  liin,  v.hich 
is  the  pnefent  Price,  and  out  of  this  1 2  /.  ihe.c  15  4  /.  5  s.  paid  to  the 
Crown  for  Cuftoni.  •     ,..^ 

(JTrii'R  Articles  ii\ "gilt  be  mer.tl:5n'd,  as  Whate-Cii  afid  Fitirs, 
whicil  ai'e  yearly  jnvpo.tcd  from  New- England  in  nu  conic m^tible 
Q^tr'Uitits.  Thev  are  urtful  ih  feveral  ManuiV.iture'^ ;  and  if  not 
had  rom  thence  marl  have  B  tii  purcha.^'d  oi  the  Duich  \vi;h  ready 
Monty  and  at  txc^-iK/c  Prices. 

*Ti6  true,  Ni :u ■  E ^ighful m?.k€9.  no  Sn~nr,  but  it  aftils  tiielflancls 
that  do  ;  without  wljich  Afilft^.ice  they  could  not  ma^fe  it,  at  Icuiil 
rut  chc  ip  enou?h,  and  in  fufficier. .  C^antitics  to  anfwer  the  Markets 
in  f'.urope.  For  if  the  Sugar  iPanrls  were  obliged  to  fow  Wheat,  and 
vlant  as  much  Indian  Corn  iis  they  wanted,  tiVey  niuft  needs  plant  thfe 
fewer  Cans?,  and  by  Cqnfequencu  make  the  lefs  Sugar.  From 
thence  they  arc  alfo  fupply'd  with  Hones  for  their  Mills,  Timber  for 

their 


.    (7  )    . 

their  Sugar  Works,  Sti^ves  for  their  Ca,(ks,and  what  is  more  ,coi:{ivI«"r 
iti.jle,  With  Barrel  Pork,  Macjcrel,  and  reiufe  Qpd-Fi{h  for  their 
Negroes,  without  which  their  Labour  would  yield  nothing  to  their 
Owners.  Fpr  were  they  to  feed  their  Slaves  with  Beef  and  other 
Provifioi^s  (roifiJBriti^in  and  Ireland^  theExpence  of  aPl^ntation  would 
devour  <h.e  whole  Prpduce  of  it.  Thpreare  now  f).jch  great  Quan- 
tips.s  of  Sugar  made  in  the  French  and  Dutch  Plantations,  vr)U  fo  niucli 
i.niporte.d  from  B>'^f'l  by  the  Portuguefe,  that  our  Sugar  Ifl^fids  need 
all  Advwtagcs  to  make  this  Cppiniodily  cheap  and  in  Plenty,  tliat 
we  nviy  Jjp  able  to  out-do,  or  at  leatt  equal  our  Neighbours  in  the 
iQtcizp.  Markett^, 

It  may  be  adder],  that  Neiv- E 't^hwd  is  a  good  Nurfcry  of  Seamen 
for  the  Navy.  I  believe  I  ma.y  afllrm,  that  there  was  hr.rdly  a  Slii^p, 
duj-ing  the  kfl  W^r,,  Ii)  the  Roy^l  !Sfavy  wli^^ayt  fp^me  oUh4r  Sailors 
on  Board,  which  fpdiftrefs'cl  the  iWw^^^^^/rtw^  Merchants,  that  lacy 
'were  gblig'd  to  map  their  Ships  with  hid'uin^  and  Negroes. 

W-:t  \t  I  have  faid  amounts  to  this :  That  Nczv-Englaud  receiv'd 
•ht-r  Gliarter?  on  this  eTjrrefs^ Condition,  offi:ttlii.^  Colonies  for  the 
Benciit  of  tlie  Crown  : 


A.V 


;1> 


',:^S 


^  y, '':  E;;pcnGe,  ^^n,d  ^hrougli  Uicr.edible  Diffi- 
.cultiys  arcnmp'iil^i'd  t'/-  JVprk,  even  beyond  .wij|at  was  ever  hop'd 
or  cxpc(fied. 


A'^^'.  tnt;i  the.CmcIurion,  that  I  woulfl  d^aw  from-tbc/l  P 


TJiat  to  ftrip  the  Counl 


i-M-Ul    v.  II    its 


aff 


tlis 


•v.-)- 


>'  ! 


^■■y 


Tali 


uj  pyr:crm  u,  v.  i!i;''Oi::-i 


:ui: 


!'   >- 


iv- 


ICall 


But  it  is.urg*d,  '^)/*t  the  C^^ri 


.*''  d'nf  r' 


,t..t. 


■ci 


IV. 


it  does  the  Charters  I  which  ind^^Ms  ^ 
The  CrowJij.f'.ritlly  f^^wrJd: 
having  no  Right  i.i  it  "^/if.     vV   - 1  s-\ 
Patent  to  Sir  rf!aLr  RjwyrKli  n\  i  :A± 


i  (    •  •  *  •■    s '  ■•  • 


;/. 


.).♦»• 


no 


th- 


■  ;■  t». 


.TTi,^; 
f  .flat 


!£*'»'' 


A    f. 


what  v/as  it,  ard  y,-!.:'rice  utiiv't: 
hecaufc  thofc  C'^.v.ntriea  d'  '  ;i^ 
Not  of  CV«^A'^?,  .becauTe  (lie   i:;-itb', 


jii.  ,V.;^6.»Jfjt  a. 


'*':^,f^1^'I^W^ 


concjuer  them.     Bcfide^,  k  v/oitui  he  pretty  hard  to  concr'v" 


.V  a 


B  ;i 


Concuei}, 


LS! 


(  8) 

Conqacft,  where  there  was  no  preceeding  Injury  or  Provocation, 
could  create  a  Right.  Nor  did  it  arife  by  Purchafe,  there  being  no 
Money  or  other  valuable  Confideration  paid.  Nor  could  file  claim 
by  the  prior  Difcovery  or  Pre- occupancy,  as  the  Civilians  fpeak,  be- 
caufe  that  gives  a  Right  only  to  dereliSi  Lands,  which  thefe  were  not, 
being  full  of  Inhabitants,  who  undoubtedly  had  as  good  a  Title  to 
their  own  Country,  as  the  Europiam  have  to  theirs.  And  fure  no 
Body  will  fay  in  plain  Terms,  that  we  have  any  Claim  upon  the  Foot 
that  we  were  ChriJ^lans,  and  they  Heathen  j  which  yet  I  know  fome 
Perfons  of  no  obfcure  Fame  have  tacitly  fuggeflcd.  Rome  it  felf,  as 
imperious  as  flie  is,  never  carry'd  her  Pretences  to  this  Height :  For 
though  fome  of  her  Do6lors  have  taught,  abfurdly  enough,  that  Do' 
m'mlcn  is  founded  in  Grace,  none  of  *em  ever  faid  that  Property  was. 
There  remains  then  no  other  Right  than  what  was  deriv'd  from  the 
native  Lords  of  the  Soil,  and  that  is  what  the  honeft  New-England 
•Planters  rely  on,  having  purchas'd  it  with  their  Money.  The  Indian 
Title  therefore,  as  it  is  decry'd  and  undervalu'd  here,  feems  iVs  only 
fair  and  juft  one  ;  and  neither  Qi.ieen  Elisabeth  by  her  Paccuts, 
or  King  James  by  his  afterwards,  could  give  ajny  more  than  a  b..rc 
Right  of  Pre- emptim,  :■•:... 

And  yet  admitting  that  the  Crown  grant; .!  the  Soil,  to  Inw  llftb 
muft  the  Value  of  fuch  Grants  amount,  all  C'  cumftancc;;  confider'd  ? 
The  Patentees  were  not  only  oblig'd  to  trr.yel  a  thoufand  Leagurs 
bevond  Sea,  hut  to  purchafu  thc'r  Grants  over  again  of  the  Nutlve.-?, 
before  they  could  be  put  into  PoUciTion,  The  Land  it  fcl;  \.«s  ^f  a 
rouoh  ilivage  Nature,  incumbcr'd  with  unprofitable  Woou's,  aaJ;  of 
no  Ul'c  'till  by  vAi  Labour  and  Expencc  fubdu'd  and  cultivated. 
For  to  fpenk  the  Truth,  thofe  Parti  were  but  bare  Creation  to  tlie  firft 
Planters,  uaU  tlieir  L'abour  liL  the  Beginning  th$  TVorldm    >  .-V.  '  '    '■ 

i 

So  that  vhich  Way  fo^ver  we  t;.ke  it,  I  think  it's  plain,  if  the 
Crown  refumea  the  Cliartcr?,  it  v/ill  take  away  the  Whole  it  gave, 
nnd  deprive  the  Paten*oes  of  the  only  Rceompence  thev  were  to  have 
for  all  their  Toils  and  F:Uic;nes,  v.]  '.-h  t'icy  thought  to  have  conveyed 
•fafe  to  their  Pofteri'.y.  <'<■''  I  th->v  lav-  imaf^in'd  liii?,  coulJ  they 
have  forefcsn  that  their  Piivil-j^>.j  v.'crs  fuch  iranfttory  Things,  as  tt) 

laft 


•«£|{  9  )  i* 


le 


:atIon, 
ng  no 
claim 
c,   he- 
re not, 
tie  to 
re  no 
Foot 
IV  fome 
f(;ir,  as 
For 
lat  Do- 
ty was. 
Dm  the 
England 
e  Indian 
he  only 
.■'aients, 
I  a  lii.re 

^w  littb 
ifider'J  ? 
Leagues 

Nutive.'?, 

,  aiu!  of 
ihivatcd. 

I  the  fiift 


1,  i; 


it  gave, 
I  to  have 
:onvcycd 
ulJ  they 
^Sy  as  to 
laft 


ihe      f 


lad  no  langer  than  their  'Work  AkhiIJ  he  done,  nnd  their  Settlemenrs 
compleated,  they  had  never  engag'd  in  fo  hazardous  and  difficult  an 
Enterprize.  They  would  never  have  parted  from  tlieir  native  Land, 
being  neither  Criminals  nor  Neceffitous  ;  and  ihofe  Countries  which 
have  fmce  added  fo  much  to  the  Wealth  and  Grcatncfsof  the  Crown, 
might  have  been  a  barren  Wildernefs  to  thi  jy-iy  ;  or  what  is  worfe, 
and  more  probable,  n.ight  have  been  fill'd  with  French  Colonies, 
whereby  Prance  would  have  reign'd  fole  Miflrefs  of  North  America. 

I  believe  it  will  be  generally  allow'd,  that  my  Argument  is  thus 
far  right,  if  I  can  make  good  my  fccond  Propofition,  ^/;s. 

That  thefe  Governments  have  ^^  Propofition.  Uat  thefe 
by  no  Mifbehaviour  forfeited  back  Governments  have  by  sv  Mijli- 
their  Charters  to  the  Crown.  bavbur forfeited  thelrClarters. 

Some  oftheableft  Common  Lawyers  that  England  could  ever 
boad  of,  have  maintain'd  that  a  Corporation,  being  an  Ens  Rationis, 
is  in  its  Nature  indifTolvable,  and  that  therefore  no  Abufe  of  its 
Franchifes  can  cfTed  it  in  Point  of  Forfeiture,  or  determine  its  Be- 
ing. If  this  Argument  fhould  be  thought  too  fubtile  and  metaphyfi- 
cal,  1  hope  however  it  will  be  allow'd  an  Extreme  on  the  other 
Side,  that  a  Corp  ration  fhould  be  threatned  for  every  OiTence  to  Uv 
feiz'd  into  the  King's  Hands.  The  Subjefls  Abroad  claim  the  Pri- 
vilege of  A  hgna  Charta^  wliich  fays,  that  noMan  fhall  be  lii:'u  ab  )v'e 
the  Nature 'of  his  Offente,  and  whatever  his  Mifcarriagf^  be,  a 
t-alvo  Contenemento  fuo  is  to  be  obferved  by  the  Jud;>;e.  IF  thcriforc 
they  have  committed  Faults,  let  them  be  cb^izd,  not  d  ;!ro/d ; 
let  not  iheir  Corporations  be  difiblved  for  any  o  her  Ci:!:."  •h:".n  i 
,  Failure  of  their  Allc>:iaiice.  But  I  need  no:  '  o  iiUa  ([\.-  or  r:'" 
Other  nice  Point  of  Law,  it  being  fafficient  to  Iaov:  tl'at  the  Ch.  r^N- 
Governmen's  are  clear  of  ih:*  f.verr.l  Fads  wh"ch  have  bcin  ob- 
jedlcd  againft  them,  and  aflign'J  as  Matter  vS  Forfeiture.  In  t!.e 
Bill  that  was  brcuoht  into  the  Hou''c  of  Cciv.monn,  tjvic  were  two 
Allegations  againft  the  Charter  and  Proprietary  Govcrnniei.ts,  vvhich 
I  fhall  anfwcr,  and  then  go  on  to  confiJer  fueh  oth:r  Complauiis 
as  I  have  met  with  from  Time  to  Time  agiinft  thefe  Government';. 

Th2, 


i 


{    10) 


The  \Jl  Charge 
Agahiji  theCharter  Go- 
z-crnm  ntSf  that  they 
have  negleSled  the  De- 
fence  of  theJnhabitants, 
anfwered. 


The  firft  Charge  In  the  Bill  a-ainll  th? 
Charter  Goverimicnts  is,   that  they  bavf 
fugh£led  the  Defence  of  .  the   InhahitanU* 
This  I  muft  own,  if  true,  and  fuch  Neg- 
lect was  voluntary,  while  they  had  the 
Means  and  Power  of    Defenw  in  their 
Hands,  was  a  higli  and  tfeafon*''.llc  Jjreach 
of  their  Truft,  and  would  be  the  ftrongeft  Arguiucnt  that  cutld   be 
brought  for  a  Refumption  of  theCharters.     But  now  if  1  Ihould  prove 
that  thefe  Governments,  efpecially  the  Maffachufetts  nnd  CoNne^ikut^ 
have  in  all  pad  Times  defended   the  Inhabitants   both  by  Sea  and 
Land,  as  well  againft  the  French  as  Indian  En^my  :  If  I  fhall  prove 
llut  tlicy  have  all  the  late  War   protefted  one  of  the  King's  Pro- 
z'iHces  lying  on  their  Confines,  which  would  otherwife  inevitably  have 
b'^en  bft  J  and  that  another  of  thoie  Provinces  took  no  Part  in  the 
'V'v''ar,.b'jt  uiaiiitaki'd  a  ihaoiefjil  Neutrality  with  the  Ei»erny,  where- 
by the  -whole  Weight -of  the  War  fell  on  tlie  Ah[fichi:fitts )  If  I  fball 
prove  that  they  have  frequently  carry 'd  ofFenfivc  /urns  into^thc  Fieuch 
Territories,  and  made  one  important  .Concjaefi,  fwc3  anutii'd  to  the 
BriiiJ})  down  j  and  that  all  this  was  done  at  their  ov/n  vz-ftE^pence; 
then,  I  hope,  New  England  will  (land  fiairly  acquitlc  J.  of  diis  jfuppps'd 
'Qxxcnz  dUicgkning  to  Defend  Ihe  Inbahiiants,  anj  be  ul'o'vv'd.iu/toiljy 
liiCprelienrible  in  this  refpe£l>but  to  have  hijjhly  iiictUed  of  ilifcvjo.wn 
and  Nation.  ■     '    ■    '      •        ■  ■■ 


•II 


i. 


III 


These  i'\\CTs  nre  fo -certain  and'Ta  's\x!l%lpn3wn,  tliat  I'm  fn- 
("•s'o.'JoJ  -his  Vad  never  bv.cn  aj1j2:n*d  as  a  Rcafon  ibrdLQaly'sK/  i'«j 
*?h.ii'tersj  bill  \v>'\  a  fpecial  View  to  Cyir:^iina,  'which,  wiieniikii  'jitil 
•wasbrc  i;.rht  into  u.:  Ilci^r?,  Wa6'rccluc'«i.ti>re.>3ttcmity.by  a  Vv.;irtMri«'i 
the  .Sp:.r'Jh  Juiliaus  ;  and  bdr*  n-^i^i  t.  ,uhie  to.tljfeJid  Ibcnafclves, 
nor  ob':;in  Succaursf  om  the  LocU's  lV>F^>'*^^-''-»  «»^ircfs*Ujtbe Crown 
to  ta';c  <:;cm  uiidt  r  it  P'rQfe3i<»n.  \It  vr;-s^'iiir5{iB>;e  oatrRil  enovph  to 
ment'ioii  this  in.ihe  iJ'l;  -tho'  u/i'Jviiurr4>^e  SuUm'intn,  .it  hi'uuz,  ilrf? 
llnglc"  Cafeof  one  r.^pr.'ctcry  Cwkny,  it  fiiouki  in. aiUiR caftan  Ihave 
been  reuiiiii'd  to  that,  and  vM  -extt^i^'itu .to  the  Gi»aptcr  Provinof^p, 
which  are  neither  alkcconllitutcJ,  n;  r  were  in  thv^  lame  fDiftecfi. 
Por  NiiQ- England y  as  1  ihall  prcicntly  ihow,  has  dQCc:rc:d  itifiif  from 

tliO 


'i-0. 


iich 


<j«  (  Vi  )  ^ 

the  firff  Beginning  to  this  Day  without  being  burdenfome  to  ttie 
Crown,  though  tiet  without  great  Struggles  and  Difficulties. 

*Tis  TRUE,  they  did  not  commence  Hoftilities,  nor  even  take 
up  Arms  of  Defence,  till  they  found  by  Experience  that  no  other 
Means  well  prevail.  The  firft  Planters,  far  from  ufing  the  barba- 
rous Methods  pra£lis*d  by  the  Spaniards  on  the  Southern  Continent, 
which  have  nnde  them  deteftable  to  the  whole  Chriftian  World, 
fought  to  gain  the  Natives  by  ftrift  Juftice  in  their  Dealings  with 
them,  as  v/ell  as  by  all  the  Endearments  of  Kindnefs  and  HumJ'nity. 
To  lay  an  early  Foundation  for  a  firm  and  lafting  Frind(hip,  thsy 
alTar'd  the  Americans^  that  they  did  not  come  among  them  as  Inva- 
ders but  Purchafers,  and  therefore  call'd  anAflembly  of  them  together 
to  enquire  who  had  the  right  to  difpofe  of  theirLands  ;  and  being  tuM 
it  was  their  Sachems  or  Princes,  they  thereupon  agreed  with  them 
for  what  Diftricls  they  bought,  publickly  and  In  open  Market,  if 
they  did  not  pay  a  great  Price  for  their  Purchafes,  yet  they  paid  aj 
much  as  they  were  worth.  For  it  muft  be  confider'd,  that  L«iui 
vfM  of  little  Tire  to  the  Natives,  and  therefore  but  of  litde  Value. 
Tficv  Hv*d  chiefly  en  Filh  and  Fowl,  and  Hunting,  becaufe  they 
\vould  not  be  at  the  Pains  to  clear  and  break  up  the  Ground- 
And  as  h:  their  M-idows  and  Marflies,  they  were  of  no  Ufe  at 
nil,  for  v'nnt  of  i;:  t  Cattle  to  feed  them,  of  which  there  were 
none  in  therfe  Parts  of  the  World, 

The  EngJ'ijh  haJ  no  fooner  made  fjme  nsreCary  Provincn  for 
tbemfoI/.>s,,thanthuy  apply 'd  iheliCares  fur  thA-Bentfu  orthe/,Y/A7?.'T, 
by  endeavowing  to  biif:^  tiieaa  T\oii»  il>elr  wild  manner  of  Life  t©  the 
civil  and  polite  Cuit«.4i»s  cS  J£ur^'e.  For  this  purpi^fe,  they  mark*J 
c3ut  Land  to  hnWi  iudia.-i  Tuvm^y  Ai^J^^ly'd  them  witli  all  pre  per 
Utciilils  for  f]  'liing,  prcicriL'J  to  them  Forms  of  Government,  and 
above  ^1,  omitt^  no  Pains  to  btliig  them  acquainted  with  the  Gof- 
pd.  After  fome  Time,  wiitii  it  was  found  ncccfTary,  tlie  Cobny 
made  a  Law  to  forbid  any  Perfon's  pttrchafuig  Land  of  the  Indians 
withaut  the  Approbation  of  the  Goieral  Court,  to  prevent  their 
being  over-rcach'd  or  ill  us'd  in  their  private  Bargairj ;  and  fome 
^Ijahd,  lying  very  convenient  for  them,  was  by  another  Law  made 

inalienablv; 


^i 


i 


^  (  lO  »» 


inalienable,  and  nev€r  to  be  purchafed  out  of  their  Hands,  than  which 
nothing  could  more  demonftratc  the  Colony's  Care  and  Concern  for 

the  Natives. 

I  thought  my  felf  oblig'd  to  make  this  Preface  to  the  main  Argu- 
ment,   that  I  might  wipe   off  an  unworthy  Afperfion  that  has  been 
cait  on  the  firft  Sellers  of  Neiv-Englandy  that  they  never  treated  the 
Savages  Vk'ell,  but   cncroach'd  on   their  Land  by  Degrees,    till  they 
fraudcntly  and  forcibly  turn*d  them  out  of  all.     It  was  far  otherwife, 
as  I  have  fhone  ;  yet  nothing  could  oblige  the  tudtam  to  Peace  and 
Frien.Jfliip.     They  were  alarni*d  with  the  ftrong    Jealoufies  of  the 
glowing  Power  of  the  Englljhy   and  therefore  began  a  War  with  a 
Rcfolution  to  extirpate  them,    before  they   had  too  well  eftabiifli'd 
♦hemfelves.     Yet  as  terrible  as  this  Profpedt  was   to  two  or  three 
^'ouhg  Colonies,  who  had  work  enough  to  defend  themfelves  againft 
Famine,  which  in  a  cold  barren  Country,  furrounded  with  Enemies, 
iiiir'd   them  in  the  Face,  they  neverthelcfs  made  no  Application  to 
the   Crown   for  Affiftance,  but  drew  up  Articles  of  Confederacy 
among  themfelves,  by  the  Name  of  the  United  Colonies  oi  New-Eng- 
land,   for  their  mutual  Defence.     This  done,   they  took  the  Num- 
ber of  all  the  MtUes  in  the  feveral  Plantations,  and  railing  a  Poll  Tax 
according  to   each  Perfons  refpe<5tive  Ability,  tl.cy  wiih  one  Conf^nt 
laid  afide  their  Ploughftiares  and  Pruning  Hooks  for  the  Sv.'ord  and 
the  Spear,  and  under  the  Command  of  Major-Gcnerals,  whom  they 
choH.'  after  the  manner  then  in  England,  march'd  direcStly  to   the 
Enemy's  Head  C^iarters,  and  ftrongeft  Fortifications,  from  whence 
they  drove  them  with  great  Precipitation.     Nor  did  thef  flop  there, 
but  purfu'd  tliem  through  all  their  Recelles,  'till  they  obhg'd    them 
to  enter  into  a  folcmn  Treaty  of  Peace.     Such  however  was  the 
perfidious  Nature  of  the  American  Savacres,  that  they  foon   renew*ii 
the  HoHilitics,  tho*  to   their  own  fatal  Coft.      For  \(  the  Englijli 
expsricnc'd  a  Variety   of  Fortune,   as  could  not  but  be  expedled   in 
the  ViciiTitudes  of  War,  yet  they  were  for  the  moft  part  Victorious, 
and  in  the  Courfcof  fome  Years,  after  maoy  terrible  Slaughters  of 
the  Entmy,  fubiiu'd  and  utterly  extirpated  Seven  or  Eight  fierce  and 

populous  Nations, 

I  am 


on 


out 
Po^ 


which 
|crn  for 

Argu- 

js  been 

Ited  the 

111  they 


I  am 


(  13  ) 

I  am  fenfible  fomc  have  cndeavour*d  to  depreciate  thefc  Conquefls, 
as  gain'd  over  a  rude  barbarous  People  unexercis'd  to  Arms  ;  which 
if  i^ranted,  ftill  it  can't  be  faid,  that  the  Defence  of  the  Inhabitants 
was  negleSfed  ;  and  therefore  the  Charter  Governments  can  fall  under 
no  Cenfurcj^  if  they  fhould  be  thought  to  have  merited  no  Praife. 
But  if  it  be  confider'd,  that  the  New- England  Forces  contended  with 
Enemies  bloody  in  their  Nature  and  fuperlour  in  Number  j  that  they 
attack'd  them  in  deep  Morafles,  defended  with  Fortifications  fufEci- 
cntly  ftrong,  tho'  not  regular ;  and  that  the  Aflailants  were  not 
provided  withCannon,  nor  could  approach  byTrenches,but  advanc'd 
on  level  Ground  :  And  if  to  this  be  added  the  vaft  Fatigues  of 
their  Campaigns,  where  Officers  and  Soldiers  lay  on  the  Snow 
without  any  Shelter  over  their  Heads  in  the  moft  rigorous  Winters ; 
I  fay,  if  a  juft  Confideration  be  had  of  thefe  Things,  Envy  it  felf  muft 
acknowledge  that  their  Enterprizes  were  hardy,  and  their  SuccefTes 
glorious.  And  tho'  th*;  braveCommanders  who  led  on  thefc  Troop?, 
and  mod  of  them  died  in  the  Bed  of  Honour,  muft  not  fhinc  in  the 
5r/V//Z>  Annals,  yet  their  Memory  ought  to  be  facred  in  their  own 
Country,  and  there  at  leaft  be  tranfmitted  to  the  latcft  Pofterity; 

The  inland  Parts  being  now  at  reft,  the  War  wns  remov'd  to  the 
Frontiers,  which  were  cruelly  harrafs'd  by  other  Indian  Tribes^  ani- 
mated and  affifted  by  the  French  of  Canada^  who  have  giyen  the 
Maffachufetts  but  few  Intervals  of  Peace,  and  thofe  very  ihort  ones 
from  that  Time  to  this  Day.  All  this  while  That  Government 
was  never  wanting  to  protcdl  the  King's  Subje6ls  within  their  Ju- 
rifdi^llon,  even  to  the  remotcft  Parts  of  it.  They  kept  Troops  on 
foot,  no  lefs  than  Six  or  Seven  Hnndred  at  a  Time,  tc  cover  the 
Barrier  Line,  and  built  Forts  wherever  the>  were  neccftary  ;  one  of 
them  nam'd  IVillumi  Hcur-j^  but  commonly  call'd  PemaqnidYoxt, 
becaufe  built  on  a  River  pf  thatName,w;is  in  the  Heart  of  thcEnemy's 
Country,  and  defcrvcs  a  particulaiDefcription.  It  was  built  ofS:one 
in  a  quadrangular  Figiue,  737  Foot  in  Circumference,  without  the 
outer  Wall,  and  \c?>  Foot  fquare  within  the  inner  ones.  It  had  28 
Ports,  and  18  Guns  mounted,  6  being  18  Pounders.  The  Wall 
on  the  South  Line  fronting  to  the  Sea  was  22  Foot  high,  and  above 
6  Foot  thick  at  the  Ports,  which  were  8  Foot  from  the  Ground. 

C  The 


(   H)^ 


I'  't 


i-* 


.1, 


The  round  Tower  at  the  Weft  End  of  this  Line,  was  29  Foot  high  : 
The  Wall  on  the  Eafl  Line  was  12  Foot  high,  on  the  North  10, 
and  on  the  Weft  18.  It  ftood  20  Rod  from  High- Water 
Mark,  and  was  Garrifon'd  with  60  and  fometimes  100  Men. 
The  Expence  in  building  and  maintaining  this  Garrifon  was 
confiderable,  yet  the  Province  chearfully  fubmittcd  to  it ;  nor 
did  they  decline  rebuilding  it,  after  it  Was  furpriz'd  and  demolilh'd 
by  the  French,  for  any  other  reafon,  but  that  it  was  found  by  Expe- 
rience, the  Enemy  could  come  many  Miles  wide  of  it,  and  attack 
their  PVcntiers.  They  therefore  built  Forts  at  Saco  and  Cafco^  and 
other  PLces  rnoft  expos'd  which  anfwer'd  'he  fame  End, 

By  this  Care  the  Power  of  the  Enemy  was  very  much  broke,  and 
the  King's  Province  oi  New-HampJ}me  from  whence  the  RoyalNavy 
is  annually  fupply'd  with  Mafts,  has  been  prefurv'd,   which  other- 
wife  muft  have  unavoidably  been  loft,  being  unable  to  help  it  felf, 
and  receiving  no  Succours  from  Home.     Neiu-York,  another  of  the 
King's  Provinces,   has  always  kept   it  felf  in  a  State  of  Neutrality, 
contributing  nothing  to  the  common  Safety,  whilft  the  Canada  Indians 
join'd  by  Partilss  of  the  French^  us'd    to  make  their  Route  by  their 
Borders  without  molefting  them,  and  fall  upon  the  Out  Towns  of 
the  Mafjcichufeiti.     This  Behaviour  was  the  more  unpardonable  in 
that  Government,  bccaufe  they  have  400  regular  Troops  maintained 
among  them  at  the  King's  Charge,  and  have  the  five  Nations  of  the 
Ircquo'ife  on  their  Confines,  who  are  entirely  dependant  on  them,  and 
miglit  cafily,  had  they  been  engag'd  in  the  common  Caufe,  at  all 
Times  have  intercepted  the  Enemy  in  their  Marches,  and  thereby 
have  prevented  theDepredations  committed  on  hisMajefty'sSubjedls. 
Solemn  and  repeated  Applications  were  made  to  the  Government  of 
Nnv-Totk^  by  the  Governours  of  the  Majfachufetts,  ConneSficut,znd. 
RhodelJJandy  in  joint   Letters  on  this  Subject,  but  in  vain.     The 
Anfwer  was  they  could  not  think  it  proper  to  engage  their  Indians  in 
an  a6lual  War,    left   they  fhould  endanger    their  own  Frontiers, 
and  bring  upon  themfelves  an  Expence    which  they  were  in  no 
C  )ndition   to  provide   for.      And    thus  the  poor  Charter  Colonies 
Were  left  to  bear  the  whole  Burden,  and  do  all  the  Work  themfelves. 

Thf 


M  (  '5  )  W 


1 


' 


Thf 


The  Province  of  the  i^/<7^f^ttyi•//^56_y  has  been  equally   follici- 
tous  to  protedl  their  Inhabitants  by  Sea,  againPt  any  foreign  Invallon. 
For  this  End  they  have  kept  their  Militia  well  train'd  and  difciplin'd, 
and  by  an  A£l  of  Aflembly  oblig'd  all  Perfons,  under  proper  Penalties, 
to  be  well  provided  with  Ammunition  and  Arms,  that  they  might  be 
ready  in  cafe  of  a  fudden  Dcfcent  from   Abroad.       Bojion,  which  is 
their  Capital  Town,  and  principal   Sea- Port,   is   fortify'd  with  two 
Batteries  to  the  Sea,  one  at  each  End  of  the  Town  ;    and   about  a 
League  from  it,  at  the  Entrance  of  the  Harbour,  there  is  a  ftrong 
beautiful  Caftle,  which  is  by  far  the  fined  Piece  of  military  Architec- 
ture in  the  Britljh  America.     It  was  built  by  Colonel  Romcr^  a  famous 
German  Engineer,  at  the  Country's    Expcnce,  and  is   call'd  CaJIle 
PVilUam.     It  is  a  ^^arre  furrounded  with  a  covcr'd  Way,  and  join'J 
with  two  Lines  of  Communication  from  the  main  Battery,  as  alfo 
a  Line  of  Communication  from  the  main  Gate  to  the  Redoubt,which 
is  to  prevent  the  Landing.     It  is  well  fituated  near  the  Channel,  to 
hinder  Ships  from   coming    up  to  the  Town,  which  muft  all  Qom& 
within  Piftol-fhot  of  this  Battery.      It  is  mounted  with  an  Hundred 
Pieced  of  Cannon,  feveral  of  which  are  plac'd  on  a  Platform  near 
high- water  Mark,  fo  as  to  rake  a  Ship  fore  and  aft,  before  fhe  ran 
bring    her  Broad- fides    to  bear  againft  the   Caftle,    and  fome  of 
thcfe  Cannon  carry  forty  two  Pounders.     In  Peace  there  is  an  inde- 
pendantCompany  of  fifty  or  an  hundred  Men,  I'm  not  certain  which, 
that  conftantly  are  on  Duty  ;  but  in  Time  of  War  five  hundred  able 
Men  are  exempted  from  all  other  military  Duty,  to  attend  the  Ser- 
vice of  the  Caftle  at  an  Hour's  Warning,  upon  any  Signal  given  of 
the  Approach  of  an  Enemy.      To  prevent  the  Caftle's  being  fur- 
priz'd,  there  is  aLight-Houfc  built  on  a  Rock  appearing  above  Wa- 
ter, two  Leagues  from  the  Town,  which  makes  a  Signal  to  thcCaftle 
of  the  Appearance  of  any  Ships  and  their  Number.     The  Callle 
again  warns  the  Town,  and  if  there  be  five  Ships  or   more  in  Time 
of  War,  an  Alarm  is  given  to  all  the  adjacent  Countries  by  liring  h 
Beacon.      The  Province  has  alfo  a  Galley  or  Frigate  well  man'd  in 
Time  of  War,  to   guard  the  Coaft  from  Privateers,  and  to  convoy 
their  Home  Trade.     In   fliort,    nothing  that  could  be  done  for  the 
Defence  of  the  Subject  by  Sea  or  Land,  lias  been  left  undone.     It  is 

really  aftonilhing  to  confider,  and  difficult  to  believe,  tliat  iheCe 


C    2 


littk 


'^.■: 


f 


k 


(  i6  ) 

little  Governments  fliould  be  able  by  their  own  Strength,  ani  at  their 
own  Charge,  to  perform  fuch  great  Things. 

And  yet  this  is  not  all  that  muft  be  faid  in  their  Defence.  For 
as  I  have  before  obferv'd,  they  have  difcover 'd  a  noble  Zeal  to  enlarge 
the  Britijh  Empire,  by  undertaking  feveral  chargeable  Expeditions  a- 
gainlt  the  ftrongeft  French  Settlements  in  America.  In  the  Year  1 690 
they  made  an  Armament  againft  Port-Royal,  which  was  a  Neft  of 
Privateers,  and  a  Dunkirk  to  the  American  Trade  j  befides  that  it  was 
the  Head  Q^iarter,  from  whence  Parties  of  French  and  Indians  iffued 
out,  and  fell  upon  the  eaftern  Parts  of  New- England.  They  made 
themfelves  Matters  of  the  Place  with  all  the  Country  of  Accadie,  and 
Sir  fVilliam  Phipps  who  commanded  in  chief,  adminifter'd  to  the  In- 
habitants an  Oath  of  Allegiance  to  the  Crown  of  England ;  in  which 
State  that  Country  remain'd  'till  the  Peace  of  Ryfwick,  when  it  was 
delivered  up  to  the  French,  The  great  Service  done  the  Crown  by 
this  Acquifition,  is  now  too  well  known  to  need  being  particu- 
larly mentioned.  .  ,    T    .....    ^  '     . 

The  New- Etiglanders  being  willing  to  purfue  this  good  Succefs, 
made  an  Attempt  againft  Canada  the   fame  Year,  with  a  Fleet  of 
thirty  two  Sail  of  VefTels,  befides  Tenders,  having  on  Board  two 
thoufand  Men,  whilft  at  the  fame  Time  a  little  Army  of  a  thoufand 
EngUJh  and  fifteen  hundred  Indians,  were  to  march  by  Land  and  at- 
tack Mont-Real.     'Tis  true,  they  fatally  mifcarry*d,  (  and  who  can 
anfwer  for  the  Fortune  of  War  ? )    But  this  ought  not  to   leflen  the 
Merit  of  anEnterprize,which  they  fo  well  intended,and  by  which  they 
fo  greatly  fufl'er'd.     It  coft  an  hundred  and  fifty  thoufand  Pounds  in 
Money,  and  what  was  infinitely  more  valuable,  the  Livss  of  a  thou- 
fand Men.     Nor  were  thefe  Vagrants,  fuch  as  arc  pickt  up  here  in 
the  Streets,  and  diforderly  Houfes,  and  thence  prefs'd  into  the  War, 
but  Heads  of  Families,  Artificers,  and  robuft  young  Men,  fuch  as  no 
Country  can  fpare,  and  leaft  of  all  new  Settlements,  where  Labour  ig 
the  deareft  Thing  in  the  World,  becaufe  nothing  fo  much  wanted  as 
Hands.     They  did  not  indeed  fall  by  the  Sword  of  the  Enemy,   if 
that  could  alleviate  their  Misfortune,  but  by  a  Camp  Fever,  by  Fa- 
mine, and  various  Difafters  in  their  Return  Home,  occafion'd  cliiefly 
by  the  early  Approach  of  a  fevere  Winter,  which  made  it  impradtiL 
cable  for  Provifions  to  follow  them*  Gr  eat 


m  (  '7  )  ^ 

•GpTeat  was  the  Diftrefs  to  which  thefc  poor  Colonies  were  re- 
duc'd  by  this  cxpenfive  and  improfperous  Expedition  ;  yet  by  the 
wife  Condu£l  of  the  Governments,  and  the  Indultry  of  the  People, 
they  fo  well  recover'd  themfelves  in  lefs  than  twenty  Years,  as  to  re- 
folve  upon  making  another  Vifit  to  their  French  Neighbours,  whom 
they  faw  daily  growing  in  Power,  and  ihreatning  in  Time  to  deftroy 
all  the  Englijh  Settlements.  But  not  thinking  themfelves  ftrong 
enough  to  deal  with  ^4ebeck,  they  were  content  to  make  only  an  At- 
tempt on  Port-Royaly  which  was  done  accordingly,  tho'  not  with  the 
former  Succefs,  the  French  Fort  being  now  ftrong  and  regular,  and 
well  provided  for  a  Defence  or  Siege.  ; 

Not  difcourag*d  by  this  Repetition  of  Misfortunes,  when  the  late 
Qi^ieen  fignify'd  to  thefe  Governments,  her  royal  Intention  to  reduce 
Canada,  and  requir'd  them  to  provide  their  Quota  of  Troops ;  It 
can't  be  imagin'd  with  what  Alacrity  they  came  into  it,  and  made  in 
all  Refpe6ls  ample  Provifion  for  it.  And  tho*  the  Court  altering 
their  Meafures  did  not:  fee  meet  at  that  Time  to  proceed  in  the  De- 
fign,  yet  the  Colonies  were  put  to  near  the  fame  Charge  as  if  they 
had. 

The  next  Year  they  rais'd  a  Body  of  Troops  again,  which  com- 
manded by  Colonel  Nicholfon,  with  five  hundred  Auxiliaries  from 
hence,  made  another  Defcent  upon  Port-Royal  and  reduc'd  it.  For 
which  Service  they  were  promis'd  by  her  then  Majefty,  confidcrable 
Advantages  in  rcfpeft  of  Trade  and  theFifhery,  to  which  it's  hop'd  a 
juft  Regard  will  be  had,  when  Nova  Scotia  is  brought  under  a  civil 

Eftablifhment. 

....•■        '■'  .         ,..•_. i  ■■   ■_  ...■  ' .  .         >■ 

One  may  imagine  now  that  thcfe  Colonies  were  quite  out  of 
Breath,  and  needed  a  little  Reft.  Yet  prefently  r.fter,  when  the  great 
unfortunate  Expedition  was  fet  on  Foot  againf!:  Canada,  under  the 
■command  of  General  Hill  and  Admiral  If^alker,  they  furnifh'd  more 
than  the  Qiiota  aflign'd  them,  and  provided  z\\  Necc/fiaries  for  the 
Britijh  Troops  in  fo  fhort  a  Time,  that  if  they  had  not  been  anima- 
ted by  an  extraordinary  Zeal,  would  not  have  been  poflible.  And 
notwithftanding  fome  Eeople  found  it  neceffary  to  blame  Ncw-Eng- 
'■'  land. 


*8!(  i8 ) 

landy  the  better  to  cxcufc  thcmfelvcs,  yet  it  has  been  acknowledg'd  to 
me  by  Englijl)  Gentlemen,  who  were  then  on  the  Spot,  and  well  cx- 
perlenc'd  in  thefe  Affairs,  tliat  fuch  a  Fleet  and  Army  wanting  the 
NeccfTaries  they  did,  could  not  have  been  difpatch'd  on  fo  fliort 
Warning  from  any  Port  in  ii'«g/tfW, 

My  Anfwer  to  this  Article  of  Accufatlon  would  be  imperft£^,  if 
I  did  not  ftill  further  obferve,  that  thefe  Governments  have  aflllled 
and  reliev'd  the  moft  diflant  of  HisMajcfty*slfland8,and  the  rcriotcft 
Settlements  on  the  Continent,  when  in  Diftrefs,  upon  no  other  In- 
ducement, than  that  of  being  their  Fellow  Subjects.  I'll  give  two  or 
three  Examples. 

When  in  the  Year  1703,  or  about  that  Time,  Jamaica  was  in 
Fear  of  an  Invafion,  and  defir'd  fome  Help  from  the  Government  of 
she  Majfachufetts  }  They,  notwithftanding  the  length  of  the  Voyage, 
which  is  often  8  or  9  Weeks,  fent  them  two  Companies  of  Foot, 
commanded  by  Colonel  fi'alton  and  Captain  Larimore,  both  very  gal- 
lant Ofiicers.  The  Companies  arriv'd  fafe,  and  ferv'd  there  two 
Years,  fometimes  on  Shor^,  and  at  other  Times  as  Marines  on  Board 
the  Men  of  War,  then  in  the  Service  of  the  Ifland  ;  and  I  believe 
very  few  of  thefe  Soldiers  ever  returned  to  their  Native  Country. 

In  1705,  when  Nevis  was  plunder'd  and  ruin*d  by  IbkrvilU, 
New-  Englmid  charitably,  and  of  their  own  accord  rais'd  2000  /.  for 
their  Relief ;  which  they  fent  in  two  Veflels,  each  having  1000 /. 
on  board  in  Flower  and  Salt  Provifions  for  their  Subfiftance,  and  in 
Materials  for  Rebuilding  their  Houfes  and  Mills.  This  they  did 
generoufly,  neither  defiring  nor  receiving  any  Returns,  when  that 
Ifland  came  into  more  profperous  Circumftances. 

And  now  lately,  when  Carolina  was  engag'd  in  a  War  with  tlie 
Spanijh  Indians,  and  wanted  Arms  and  Ammunition,  they  weie  fup- 
ply'd  with  both  from  i52/?i?«. 

Upon  the  whole,  whataVaftFund  of  Merit  have  the  Charter 
Governments  rais'd  to  themfelves  from  a  long  Series  of  Faithful  and 
Heroick  Services  !  And  how  ftrangely  out  of  Countenance  muft  this 
Olj'.dlion  look,  that  they  have  negldlcd  the  Defence  of  the  Inhah.iianii  ! 


I  have  only  to  wifli,  that  His  Majefty  and  His  Miniftry  had  lelfure 
from  the  important  Affairs  of  the  Nation,  and  of  Europe^  to  confider 
their  Merit,  and  then  I  affurc  my  felf,  inftead  of  depriving  them  of 
their  prefent  Privileges,  they  would  continue  them  forever  j  and, 
if  there  were  room  for  it,  add  as  many  more. 


The  id  Charge  in 
the  Bill  agohiji  tht 
Charier  Governrni  nts, 
that  they  have  exer- 
cis  V  arbitrary  Power^ 
anfwer'd. 


The  other  Charge  in  the  Bill  is,  That  they 
have  exercised  arbitrary  Powet.  If  this  be 
aim'd  at  the  Proprietary  Governments, 
which  however  I  don't  accufe,  I  have  no- 
thing to  fay,  but  am  fure  that  the  Charter 
Governments  ftand  clear  of  it.  The  Thing 
fpeaks  loudly  for  it  felf.  For  in  the  Govern- 
ments where  there  areCharters,  and  thofe  Charters  entire,  all  Officers 
Civil  and  Military  are  elcdled  by  the  People,  and  that  annually  j 
than  which  Conftitution  nothing  under  Heaven  can  be  a  ftronger 
Barrier  againft  arbitrary  Rule.  For  fliould  it  be  allow'd,  that  the 
People,  corrupted  or  deceiv'dy  might  inftead  of  wife  Magidrates  chufe 
Tyrants  and  Oppreffors  to  Lord  over  them  one  Year  j  yet  it  can't 
be  imagin'd,  that  after  they  have  felt  the  Smart  of  it,  they  will 
do  fo  the  next.  Nor  can  there  be  a  greatei  Obligation  on  the  Rulers 
themfelves  to  adminifter  Juftice,  than  that  their  Election  depends  on 
it  the  next  Year.  Hence  the  frequent  Choice  of  Magiftrates  has 
been  ever  a  main  Pillar,  upon  which  all  who  have  aim'd  at  Freedom 
in  their  Schemes  of  Government,  have  depended. 

As  theReafon  is  inconteftible,  fo  the  Fadl  is  apparent,  that  thefe 
Governmenf.i,  far  from  retrenching  the  Liberty  of  the  Subjedt,  have 
improv'd  it  in  fome  important  Articles,  which  the  Circumftances  of 
Things  in  Great  Britain  perhaps  don't  require,  or  won't  eafily  admit. 

To  inftance  in  a  few  ;  There  has  been  froxn  the  beginning  an 
Office  erefted  by  Law  in  every  County,  where  all  Conveyances  of 
Land  are  enter'd  at  large,  after  thv  Grantors  have  firft  acknowledg'd 
them  before  a  Juftice  of  Peace  ;  by  which  means  much  Fraud  is  pre- 
vented, no  Perfon  being  able  to  fell  his  Eftate  twice,  or  take  up  more 
Money  upon  it  than  it's  worth.  Provifion  has  likewife  been  made 
for  the  Security  of  the  Life  and  Property  of  the  Subjeft  in  the  Matter 
of  Juries,  who  arc  not  return'd  by  the  Sheriff  of  the  County,  but  are 

chofen 


m  ( 20 ) 


i 


;l 


If 


cbofen  by  the  Inhabitants  of  the  Town  a  convenient  Time  before 
the  fitting  of  the  Courts.  And  this  £le<Stion  is  under  the  moft  exadl 
Reguiation,in  order  to  preventCorruption,fo  far  as  humane  Prudence 
can  do  it.  It  mud  be  noted,  thatSiierifFs  in  thePlantations  are  com- 
paratively but  little  Officers,  and  therefore  not  to  be  trufted  as  here, 
where  they  are  Men  of  ample  Fortunes.  And  yet  even  here  fuch 
flagrant  Corruptions  have  been  found  in  returning  Juries  by  Sheriffs, 
that  the  Houfe  of  Commons  thought  it  neceflary  in  their  lait  Seffion, 
to  amend  the  Law  in  this  Point,  and  pafs'd  a  fiill  for  choofmg  them 
by  Ballot. 

Redress  in  theirCourts  of  Law  is  eajyj  quid,  and  cheap.  All  Pro- 
cefles  are  iu Engli/hy  and  no  fpecial  Pleadings  orDemurrers  are  admit- 
ted,but  the  general  IfTue  is  always  given,  and  fpecial  Matters  brought 
inEvidence  ;  which  favesTime  and  Expence  ;  and  in  thisCafe  aMan 
is  not  liable  to  lofc  his  Eftate  for  a  Defeft  In  Form,  nor  is  the  Merit 
of  the  Caufe  made  to  depend  on  the  Niceties  of  Clerkfliip.  By  a 
li^wof  the  Country,  no  Writ  may  be  abated  for  a  circumftantial 
Error,  fuch  as  a  fligiit  Mif-nomer  or  any  Informality.  And  by 
another  Law  it  is  enabled,  that  every  Attorney  taking  out  a  Wr., 
from  the  Clerk's  Office,  fhall  indorfc  his  Sirname  upon  it,  and  be 
liable  to  pay  to  the  adverfe  Party  his  Cofls  and  Charges  in  Cafe  of 
Non-Profecution  or  Dif-continuance,  or  that  the  Plaintiff  be  non- 
fuit,  or  Judgment  pafs  againfl  him.  And  it  is  provided  in  the  fame 
Aa,  That  if  the  Plaintiff  fhall  fufFer  a  Nonfuit  by  the  Attorney's 
mif-layir.g  the  Adion,  he  fhall  beoblig'd  to  draw  a  nev»  Writ  with- 
out a  Fee,  iii  cafe  the  Party  fhall  fee  fit  to  revive  the  Suit.  I  can't 
but  think  that  every  Body,  except  Gentlemen  of  the  long  Robe  and 
the  Attornies,  will  think  this  a  wholefome  Law,  and  well  calculated 
for  the  B  enefit  of  the  Subjea.  For  the  quicker  Difpatch  of  Caufes, 
Declarations  are  made  Parts  of  the  Writ,  in  which  the  Cafe  is  fully 
and  particularly  fet  forth.  4f  it  be  Matter  of  Account,  the  Account 
is  annex'd  to  the  Writ,  ahd  Copies  of  both  left  with  the  Defendant ; 
which  being  done  fourteen  Days  before  the  Sitting  of  the  Court,  he 
is  oblig'd  to  plead  diredly,  and  the  lifi-.e  is  then  try'd.  Whereas,  by 
the  Praaice  of  the  Court  of  King's-Bench^  three  or  four  Months 
Time  is  often  lofliifter  the  Writ  is  ferv'd,  before  the  tlaufe  tan  be 

brought  to  IlTue, 

Nor 


ai 

■ 


i 


(21    ) 


Nor 


Nor  are  the  People  or  New- England  o^^rt^^* A  with  the  infinite 
Delays  and  Expence  that  attend  the  Proceedings  in  Chancery^  where 
both  Parties  are  often  ruin'd  by  the  Charge  and  Length  of  the  Suit. 
But  as  in  all  other  Countries,  England  only  excepted,  Jus  is"  Mquum 
are  held  the  fame,  and  never  divided  ;  fo  it  is  there  :  A  Power  of 
Chancery  being  vefted  in  the  Judges  of  the  Courts  of  Common  Law 
as  to  fome  particular  Cafes,  and  they  make  equitable  Conftruftions 
in  others.  I  muft  add,  that  the  Fees  of  Officers  of  all  forts  are  fettled 
by  A£b  of  Affembly  at  moderate  Prices,  for  the  Eafe  of  the  Sibjedt. 

It  were  eafy  to  mention  other  Articles,  but  that  I  perfwade  my 
felf  it  is  needlefs.  The  Charter  Governments  are  celebrated  for  their 
excellent  Laws  and  mild  Adminiftration  ;  fo»  the  Security  of  Liberty 
and  Property  ;  for  the  Encouragement  of  Vertue,  and  Suppreffion  of 
Vice  ;  for  the  promoting  Letters,  by  the  ere«Sting  Free-Schools  and 
Colleges;  and  in  one  Word,  for  every  Thing  that  can  make  a  Peo- 
ple happy  and  profperous.  To  thefe  Arts  it  is  owing,  that  New-* 
England,  though  fhe  has  attained  but  little  more  than  the  Age  of  a 
Man,  with  all  the  Difadvantages  under  which  fhe  labour'd  in  refpe6l 
to  her  Trade  and  Climate,  and  almoft  a  perpetual  Indian  War,  has 
hitherto  flouri(h'd  far  above  any  other  of  the  Plantations. 

This  being  the  Cafe  of  the  Charter  Governments,  let  us  turn 
the  Tables,  and  fee  how  it  far'd  with  them  when  in  an  evil  Reign 
they  loft  their  Charters.  Then  the  Governour  of  New-  England  with 
four  or  five  Strangers  0/  his  Council,  Men  of  defperate  Fortunes,  an'd 
bad  if  any  Principles,  made  what  Laws,  and  levy'd  what  Taxes 
they  pleas'd  on  the  People.  They  without  an  Aflembly,  raisM  a 
Penny  in  the  Pound  on  all  tlie  F-ftates  in  the  Country,  and  another 
Penny  on  all  imported  Goods,  befides  twenty  Pence  per  Head  as  Poll 
Money,  and  an  immoderate  Exdk  on  Wine,  Rum,  and  other  Li- 
quors. Several  worthy  Pcrfons,  having  in  an  humble  Addrefs  repre- 
fe  ited  this  Proceeding  as  a  Grievance,  were  committed  to  the  com- 
mon Goal  for  a  high  Mifdemanour  ;  deny'd  the  Benefit  of  the  Ha- 
beas Corpus  A'^i  try'd  out  of  their  own  County  ;  fin'd  exorbitantly, 
and  oblig'd  to  pay  1 60  /.  for  Fees,  when  the  Profecution  would  hard- 
ly have  coft  them  fo  many  Shillings  in  Great-Britain.  And  to  com- 
pleat  the  Oppreffion,  when  they  upon  their  Trial  claim'd  the  Privi- 

D  leges 


m  ( " )  ^ 

Itjge^oiEngUJhmitj,  they  were  fcoffingly  told,  Tbofe  Things  muld 
not  follow  them  to  the  Ends  of  the  Earth,  Unnatural  Infult  j  muft 
the  brave  Adventurer,  who  with  the  Hazard  of  his  Life  and  Fortune, 
i*eeks  out  new  Climates  to  enrich  his  Mother  Country,  be  deny*d 
thofe  common  Rights,  which  his  Countrymen  enjoy  at  Home  in  Eafe 
and  Indolence  ?  Is  he  to  ue  made  miferable,  and  a  Slave  by  his  own 
Acquifitions  ?  Is  the  Labourer  alone  unworthy  of  his  Hire,  and  (hall 
they  tfw/vreap,  who  have  neither  fow'd  ndr  planted  ?  Monftrous  Ab- 
furdity  !  Horrid  inverted  Order  ! 

These  Proceedings,  however  arbitrary  and  oppreffive,  were  but 
the  Prelude  :  The  Cataftrophe  was,  if  poffible,  yet  more  difmal. 
Having  invaded  their  Liberties,  by  an  eafy  Tranfition  the  next  At- 
tack was  dire6My  on  their  Properties.  Their  Titles  to  their  Lands 
was  abfolutelydeny'd  by  theGovernour  and  his  Creatures  upon  two 
Pretences  :  One,  that  their  Conveyances  were  not  according  to  the 
Law  of  England  ;  the  Other,  that  if  they  might  be  thought  to  have 
had  fomething  like  a  Title  formerly,  yet  it  now  ceas'd  by  the  Revo- 
cation of  their  Charters.  So  that  they  who  had  fairly  purchas'd  their 
Lands,  and  held  them  in  quiet  Pofleffion  for  above  fifty  Years,  were 
jiow  oblig'd  to  accept  new  Deeds  from  the  Governour,  and  pay  for 
them  a  third  part  of  their  Value,  in  order  to  afcerfain  their  Titles,  or 
otherwife  they  would  be  feiz'd  for  the  Crown. 

It  would  be  an  Injury  to  Vertue,  if  I  did  not  in  this  Place  pay 
diftinguilh'd  Honour  to  the  Memory  of  an  honcft  and  worthy  Patriot, 
Col.  Shrimpton  long  fince  deceas'd,  who  being  rich  in  Lands,  was 
courted  to  receive  new  Patents  gratis,  that  others  might  be  drawn 
in  by  the  Authority  of  his  Example  j  but  when  he  was  appriz'd  of 
their  Defign,  he  chofe  rather  to  have  his  Lands  feiz'd  (  and  they  were 
feiz'd  )  than  by  fuch  a  bafe  Compliance  betray  his  Country- men  in- 
to the  Snares  prepar'd  for  them.  I  fhould  not  have  thus  far  enter'd 
into  the  Detail  of  Things  fo  long  paft,  but  to  ftiew  from  Experi- 
ence, as  well  25  from  the  Reafon  and  Nature  of  the  Thing,  that 
Charters  are  not  the  Caufes  of  arbitrary  Government,  but  indeed 
Jlrong  IVotks  rais'd  againft  it,  which  once  thrown  down,  Oppreflion 
rufhes  in  like  a  Tide,  and  bears  down  everj^ Thing  before  it. 

Having 


(   23   ) 

•  Havitig  thus  ianfwerM  the  Allegations  of  the  Bill,  in  a  Manner 
which  I  hope  may  be  fatisfailory,  1  am  next  to  confider  fuch  Argu- 
ments as  I  have  met  with  in  Converfation  from  Perfons  in  the  Mi- 
niftry  and  others.  ■     ,,      •    .. 


What  I  have  heard  moft  infifted  op  is, 
T'hat  the  ASii  of  Trade  and  Navigation^  made 
on  purpofe  to  render  the  Plantations  l^cneficial  to 
Great-Bntain,  are  difregarded  in  the  Charter 
Governments  ;  and  that  this  Evil  cannot  he  ef- 
fectually cur^dy  but  by  a  Refumption  of  the  Charters.  To  which  I  an 
fwer  very  particularly  and  diftinflly. 


The  Third  Ohjec 
tion,  that  the  A£ls 
of  Trade  are  difre" 
gardcdy  anfwer'd. 


Firfi,  The  Complaints  on  this  Head  are  fc  the  moft  Part  of 
an  old  Date,  and  when  the  Bill  againft  the  Charters  was  depending 
in  the  Houfe  of  Commons,  were  produced  from  the  Files  of  the 
Plantation  Board,  whither  they  had  been  tranfmitted  in  former 
Reigns,  when  Cuftom-Houfe  Officers  in  the  Plantatio..:  were  fuch 
great  Rarities,  that  one  Colledlor  ferv'd  four  entire  Provinces,  And 
can  it  be  thought  ftrange  that  Merchants,  whofe  Bufmefs  is  Gain* 
(hould  have  fometimes  for  Lucre  tranfgrefs'd  the  A^s  of  Trade, 
when  there  were  no  Officers  to  fee  them  duly  obferv'd  ?  The  Cafe 
is  valtly  different  now.  Officers  of  the  Revenue  are  multiply*d, 
apd  are  extremely  rigorous,  fo  that  inftead  of  their  Complaints  of 
unfair  Traders,  the  Merchants  on  the  other  Hand,  greatly  complain 
of  the  Oppreffion  of  the  Officers.  Pve  feen  an  Account  of  fuch  in- 
tollerable  Hardships  impos'd  on  fair  well-meaning  leaders,  under 
Colour  of  Law,  that  one  would  hardly  give  Credit  to  the  Icaft  of  the 
Articles,  if  the  Whole  had  not  been  deliver'd  publickly  in  ar  AlTnii- 
bly  of  one  of  the  Provinces  by  a  worthy  Member,  and  afterwards 
printed  with  his  Name  to  it.  The  Author  I  refer  to,  rfter  a  ileclial 
of  the  feveral  Fadls,  in  which  he  is  very  full  as  to  every  C:r:iimlhin.e, 
draws  up  this  melancholly  ConcUifion,  That  the  C  />c;iv  Huufc 
Officers  had  by  their  violent  Pradlices  cither  feiz'd  or  driven  away  ail 
the  Veflels  belonging  to  thatPart  of  the  Country, fo  that  they  had  no 
Sloops  left  to  carry  theirProduce  to  Market  in  the  adjacent  Colonies. 

Secondly^  If  there  be  fomc  late  Complaints,  perhaps  upon  Exami- 
nation, tliey  will  appear  to  be  ill-grounded.     I  can  fpeak  tliis  know- 

D  2  ingly. 


(    24) 


I 


Id  • 


Alt 


ingly,  with  Refpea  to  a  Complaint  tranfmitted  not  long  frnce  by  the 
Surveyor  General  of  North  Jmerica,  and  the  Colleftor  of  New-Lon- 
dotiy  again/*  His  Majefty's  Colony  of  ComeSlicut.     Thefe   Gentle- 
men, one  or  both  of  them,  drew  up  a  Charge  againft  that  innocent 
and  loyal  Colony,  in  very  fevere  Terms,  as  fettlng  the  Laws  of  Trade 
and  Navigation  at  the  utmaji  Defiance.     Whereas,   in  Truth  and  :n 
Faft,  the  Inftances  they  produc'd  of  fuch  Defiance,  were  clear  Proofs 
of  that  Colony's  Inclination  to  fupport  the  Laws  of  Trade,  and  thci^ 
own  Traffick  ;    and  on  the  contrary,   what  the    Cuflom-Houfe 
Officers  infifted  on,   was  manifeftly  fubverfive  of  both,  and  could 
ferve  no  End  in  the  World,  but  enhancing  theColIedors  Fees.    The 
Cafe  is  this  :  There  are  on  the  Coaft  of  His   Majefty's  Colony  of 
ConneSlicut^  eight  convenient  Ports  or  Harbours  for  Shipping.     The 
Government  there  did,  from  the  Beginning,  place  a  Naval  Officer 
in  each  of  them,   to  fee   that  the  feveral  A<Sls   of  Trade  were  duly 
obferv'd.     After  the  Adl  of  the  7th  and  8th  of  King  William, 
the   Colle<5lor  of  the  Colony  appointed  a  Deputy  in  each  of  thefe 
Ports,  who  requir'd  all  Matters  of  Veffels,  Outward  and   Inward- 
Bound,  to  Enter  and  Clear  with  hirn,  as  well  as  with  the  Naval 
Officer,  whether  they  had  any  Goods  on  Board,   paying  a  Duty  to 
the  Crown,  or  not ;  which  they  fubmitted  to,  tho'  not  oblig'd  by 
Law,  as  Sir  William  Thompfon^  the  late  SoUicitor  General,  has,  upon 
a  full  and  impartial  State  of  the  Cafe,  given  his  Opinion.     The  pre- 
fent  Colledor,   thinking  it  beft  to  receive  all  the  P'ees  himfelf,  re- 
Ajfes  to  make  any  Deputations,  or  allow  the  Power  of  the  Ni.  al 
Officers  to  be  fufficient  in  his  Abfence,  but  commands  all  Matters  of 
Veflels  whatfoever,  to  repair  to  the  Port  of  his  Rcfidence,  &  there  to 
Enter  &:Clear  with  him  :  By  whichRegulation  Seven  of  the  Eight  Portj 
are  left  open  for   illegal  Traders,    to  the  great  Detriment  of  the 
Crown  J  whilft  with  equal  Injury  to  the  Subject,  Sloops  failing  from 
one  Town  to  another,  or  perhaps  to  a  neighbouring  Province,  with 
no  better  a  Cargo  than  a  few  Deals  and  Turnips,  ftiall  be  oblig'd  to 
go  fometimcs  120  Miles  out  of  their  Way,  (which  often  happens  to 
he  further  than  the  Port  of  Delivery,)  to  find  the  Colle6lor.     The 
Agent  for  the  Colony  has  fully  rcprefented  this   Hardfliip  to  the 
Commiffioners  of  the  Cuftoms,  and  ftiown  the  Injury  that  wiJi    be 
done  to  the  King  as  well  as  the  Subjcdl  by  this  Eftabliftiment ;  but 
all  in  vain  j  there  is  no  Redrefs :  And   what  puts  one  out  of  all  Pa- 
tience 


tl 
tl 
th 


( 

\ 


25) 


tience,  this  very  Cafe  is  cited  as  one  Allegation  among  others  to 
fupport  the  general  Charge  againft  the  Charter  Governments,  that 
they  carry  on  an  illegal  Commerce. 

Thirdly^  If  it  were  true  that  fome  Perfons  did  now  and  then 
concern  themfelves  in  an  illegal  Trade,  can  it  be  thought  juft  or  rea- 
fonable  that  the  whole  Community  fhould  fufFer  for  their  private 
Fault?  No  Body  will  fay,  that  the  A^s  of  Trade  are  perfedly  ob- 
fervcd  in  the  Provinces  immediately  under  tlie  Crown,  or  in  Great 
Britain  it  felf.  I  believe  there  is  no  Corporation  in  the  Kingdom, 
being  a  Sea- Port,  wherein  there  are  not  at  fome  Time  or  other  con- 
traband Goods  imported,  or  other  Goods  clandeftinely  run,  to  the 
Prejudice  of  the  King's  Duties.  In  this  Port  of  London  great  Abufes 
arc  daily  committed,  in  fpight  of  the  utmofl  Vigilance  to  prevent 
them.  The  Fraud  cif  re-landing  Callicoes  after  a  pretended  Expor- 
tation, only  to  receive  the  Drawback,  is  a  moft  flagrant  Inftance, 
if  one  either  confiders  the  Perjuries  that  attend  it,  or  the  immenfc 
Sums  that  are  thereby  rob'd  from  the  Publick,  or  the  vaft  Injuries 
that  are  done  by  it  to  the  boneft  Linnen-Draper.  And  yet,  who- 
ever us'd  this,  or  any  other  Cheat  of  the  like  Kind,  as  an  Argument 
to  disfranchife  this  ancient  Corporation  ?  The  Rule  of  Law  is, 
Noxa  Caput  fequitur  j  and  it  is  agreeable  to  natural  Juftice  that  every 
Man  fhould  fufFer  for  his  own  Tranfgreffion,  On  the  other  Part, 
if  a  corporate  Body  were  to  forfeit  their  Privileges  for  every  private 
Perfon's  OfFence,  they  would  be  of  no  Value.  A  Charter  fo  limi- 
ted could  not  (land  a  Week,  nor  would  be  worth  the  Expence  of 
the  Great  Seal. 

Fourthly y  I  might  ftill  make  a  further  Remark.  If  the  Grievances 
complain'd  of  were  not  antiquated  Stories,  but  fubfifting  at  this 
Time  ;  if  they  were  fairly  reprefented  ;  and  laltly,  if  it  were  equita- 
ble that  the  Crimes  of  Perfons  in  a  private  Capacity  fhould  be  ex- 
piated by  the  Publick,  yet  no  Conclufion  could  be  drawn  from 
thefe  Premifes  prejudicial  to  the  Charters,  bccaufe  the  difl'olving 
them  would  be  no  Remedy  in  any  Sort.  The  Reafon  Is  plain, 
that  putting  this  Cafe,  not  only  the  Infpeflion  of  Trade,  but  the 
Profecution,  Trial,  and  Punifhment  of  every  Offender  would  rcfi^  i) 
the  fame  Hands,  and  be  carry 'd  on  in  the  fame  Manner  as  before. 

All 


K 


I 


<g  (  26  ) ^ 

All  the  Officers  of  the  Revenue  arc,  in  the  prefeni  State  tf  Things^ 
appointed  by  the  Crown  j  all  iireaches  of  the  A6l8  of  Trade,  faving 
a  fingle  one  excepted  by  A6t  of  Parliament,  are  cognizable  only  in 
the  Court  of  Admiralty,  where  the  Judge  and  every  inferiour  Officer 
are  created,  either  by  Commiffions  under  the  Broad  Seal,  or  by 
Warrants  from  the  Lord  High  Admiral.  The  Laws  of  the  Country 
are  rot  pleaded  in  that  Court,  but  A6ls  of  Parliament,  and  where 
they  are  filent,  the  Civil  and  Maritime  Laws  take  place.  The 
Forms  of  Proceeding,  were  they  of  any  Confequence,  are  regulated 
after  the  Manner  of  DoSfors  Commons.  If  then  his  Majefty  fhould 
refume  the  Charteis,  nothing  more  could  be  done  to  prefer w  the 
Afls  of  Trade  than  is  at  pr^fent,  and  therefore  how  plaufible  foever 
th's  Pretext  may  appear  at  firft  Sight,  it's  plain  upon  a  nearer  V^iew 
that  there  is  no  Weight  in  it. 

I  am  appriz'd  that  the  Judge  of  the  Vice- Admiralty  in  New- 
£nglandi  has  often  complain'd  home  of  the  frequent  Prohibitions 
ferv'd  on  him  from  the  Courts  of  Judicature  there,  which  he  fays, 
weaken  and  in  a  Manner  fupprefs  the  Authority  of  that  Court,  and  all 
the  good  Ends  for  which  it  was  conjiituted.  But  neither  does  this  Mat' 
ter  in  the  leaft  relate  to  the  Charters,  though  there  were  Reafon  for 
the  Complaint,  as  on  the  other  Hand,  I  fhall  immediately  fhow  there 
is  none.  The  Right  of  the  Courts  of  Common  Law  within  the 
Province  of  the  Majfachufetts^  to  reflrain  the  Excefles  of  the  Admi- 
ralty JurifditSlion,  are  not  deriv'd  from  their  Charter,  but  from  fub- 
fequent  Laws  of  the  Province,  confirm'd  afterwards  by  the  Crown ; 
which  Power  therefore,  whether  the  Charters  (land  or  fall,  will  re- 
main unhurt,  and  ftill  the  fame.  But  the  Matter  of  this  Complaint 
is  wholly  groundlcfs,  which  I  muft  particularly  (how,  becaufe  a 
H  uid!e  has  been  taken  from  it  to  hurt  Nnv-  England  in  its  Charters. 
J  therefore  take  Leave  to  fay.  That  the  Superiour  Court  of  Judi- 
cature for  the  Province  of  the  Majfachufdh-Bay,  has  a  legal  Power 
to  iflue  Prohibitions  to  the  Court  of  Vice>Admiralty  :  That  it  is 
very  fitting  and  neceffary  fuch  a  Power  (hould  be  lodg'd  in  that 
^     uri  :  And,  laftly,  That  the  particular  Cafes  wherein  the  Judges 

^hat  fuperiour  Court  have  hith^^rto  excrcis'd  this  Power,  v/ere 
ai;,.ureii.ly  without  and  be}ond  the  Adiiiiralty  Jurifdidion, 

To 


•if-; 


■nwB 


»f  Things  f 
ide,  faving 
le  only  in 
)ur  Officer 

al,  or  by 
le  Country 
and  where 
ace.     The 

regolated 

efty  fhould 

referw  the 

ible  foever 

carer  View 

y  in  New- 
i*rohibitions 
ch  he  fays, 
urtf  and  all 
zs  this  Mat* 
Reafon  for 
fliow  there 
'  within  the 
the  Admi- 
t  from  fub- 
he  Crown; 
11,   will  re- 
Complaint 
,  becaufe  a 
ts  Charters. 
rt  of  Judi- 
egal  Power 
That  it  is 
I'd  in  that 
the  Judges 
wer,  v/ere 
1. 

To 


«  (   27   )  » 

To  begin  with  the  Power  it  felf :  'Tis  founded  on  an  A£t  of  the 
Aflembly  pafs*d  in  the  nth  Year  of  King  William,  and  by  him 
tonfirm'd,  entitled,  Jn  A£i  for  ejlahlijh'mg  afuperiour  Court  »f  Judi- 
cature^ Court  of  AJftze,  and  General  Goal  Delivery.  The  A61  after  a 
Recital  Of  fevera!  Powers  vefted  in  theCourt,  has  this  general  Claufe : 
Andthe  faid  Court  is  hereby  vejied  with  the  fame  Power  as  fully  and 
amply  to  all  Intents  and  Purpofes  whatfoever,  as  the  Courts  of  King's 
Bench,  Common-Pleas  and  Exchequer  within  His  Afajejly's  Kingdom 
of  England  have  or  ought  to  have.  By  Confequence  then,  if  the 
Court  of  King's-Bench  has  3  Power  to  reflrain  the  Court  oi  Admiralty 
in  Englandy  this  Court  of  Judicature  muft  have  the  fame  in  Nevu- 
England.  . 

The  Reafons  for  fuch  a  reftrainiJig  Power  are  as  ftrong  in  New- 
England  as  in  Great- Britain.  It  has  been  ever  boafted  as  the  peculiar 
Privilege  of  an  Englijl)man^  and  the  grand  Security  of  his  Property  to 
be  try'd  by  his  Country  and  the  Laws  of  the  Land  j  Whereas  this 
Admiralty  Method  of  Trial  deprives  him  of  both,  as  it  puts  his  Eftate 
in  the  Difpofal  of  a  fmgle  Pcrfon,  and  makes  the  civil  Law  the  Rule 
of  Judgment  \  which  tho'  it  may  not  perhaps  properly  be  call' J 
Foreign,  being  the  Law  of  Nations,  yet  *tis  what  he  has  not  confent- 
ed  to  himfelf,  orhis  Reprefentative  for  him.  A  Jurifdi<Stion  ihere- 
fbre  fo  founded  ought  not  to  extend  beyond  what  Neccffity  requires, 
that  is,  to  nothing  but  what  is  really  tranfadled  on  the  high  Seas, 
which  not  being  infra  Corpus  Comitatus,  is  not  triable  at  commoiv 
Law.  If  fome  Bounds  are  not  fet  to  the  Jurifdldtion  of  the  Admi- 
ralty, beyond  which  it  fhall  not  pafs,  it  may  in  Time,  like  the  Ele- 
ment to  which  it  ought  to  be  confin'd,  grow  outrageous  and  over- 
flow the  Banks  of  all  the  other  Courts  of  Juflice.  This  Danger  is 
flill  greater  in  the  Plantations,  where  neither  the  Judge  nor  any  of 
the  inferiour  Officers  of  the  Admiralty  have  Salaries,  or  perhaps  o- 
ther  Dependance  than  upon  what  they  get  by  their  Fees,  and  there- 
fore muft  be  ftrongly  tempted  to  receive  all  Bufinefs  that  comes  be- 
fore them,  however  improper  for  their  Cognizance. 

In  vain  do  the  Advocates  for  the  Admiralty  urge  on  this  Occafion 
that  an  Appeal  lies  Home,  and  therefore  if  a  Caufe  try'd  there  be 

found 


w. 


i 


^  '^  ( 28 ) » 

found  to  be  Coram  mn  Judice,  Juftice  will  be  done  to  the  injur'd  Par- 
ty on  the  Appeal.  For  if  this  Argument  has  any  Force,  it  would 
take  Place  in  England^  becaufe  an  Appeal  lies  here  from  theSetHences 
of  the  Admiralty,  to  the  Court  of  Delegates,  and  yet  that  is  not 
thought  a  fufHcient  Reafon  to  prevent  the  Court  of  Kings-Bench  from 
granting  Prohibitions  when  they  think  them  necefTaiy.  Befides  it  is 
to  be  remark'd,  that  the  ^ippeal  does  not  lie  to  the  King  and  Council 
as  it  does  from  other  Charts,  but  to  the  Judge  of  the  Admiralty,  and 
therefore  one  may  imagine  that  the  Appellant  will  have  but  a  cold 
Caufe  of  it  ;  for  I  believe  it  has  been  rarely  found  that  any  Court 
was  forward  to  limit  its  own  Power, 

If  then  the  Court  of  Judicature  in  New- England  has  a  Right  in 
general  to  award  Prohibitions  againfl  the  Court  of  Vice- Admiralty, 
there  will,  1  believe  be  no  Difpute  as  to  the  particular  Inftances 
wherein  they  have  exercis'd  this  Power.  Hitherto  there  have  been 
but  Three  ;  nor  did  the  Judges  come  into  thefe,  hut  upon  folemn 
Argument  firft  had  before  them  by  the  ableft  Lawyers  on  the  Spot, 
Not  that  I  fuppofe  there  was  any  real  Difficulty,  but  it  being  a  Cafe 
prima  ImpreJJionn  in  that  Country,  *twas  thought  proper  to  proceed 
fo  deliberately. 

•  One  Prohibition  was  granted  on  a  Libel  fil'd  upon  the  Wool  A^ 
of  the  lothand  nth  of  William  Hid.  which  provides.  That  all 
OfFences  therein  mentioned,  fhall  be  try'd  in  fome  Court  of  Record^ 
which  'tis  certain  the  Court  of  Admiralty  is  not.  Another  was  ilTu'd 
to  (lop  Proceedings  in  a  Caufe  which  had  been  try'd  before  at  com- 
mon Law,  and  receiv'd  the  Judgment  of  the  Court.  If  the  Court 
of  V^ice- Admiralty  ftiould  aflume  fuch  a  Prerogative  as  this,  inftead 
of  being  confin'd  to  maritime  Affairs,  it  would  be  the  fupreme  Court 
in  all  Caufcs,  and  the  dtir  .a-  Refort  of  Juftice.  The  third  Prohibi- 
tion was  upon  a  Charter-Party  made  and  executed  upon  the  Land, 
with  a  Penalty  under  Hand  and  Seal,  which  neverthejefs  was  libel'd 
in  the  Court  of  Admiralty,  and  the  Judge  would  very  gravely  have 
heard  and  determin'd  it,  onColour  of  its  having  Relation  to  a  Voyage, 
or  at  leaft  to  fomething  which  was  to  be  perform*d  on  the  Sea?, 
Altho'  this  is  fo  far  from  being  a  good  Reafon,  that  there  are  many 
C'afes  in  the  Books,  where  a  Caufe  has  been  wholh  A^aritime^  and 
even  the  Contrail:  made  upon  the  high  Seas,  yet  becaufe  it  was  re- 

duc'd 


^  (  29  )  i» 

duc'd  to  Writing  afterwards,  and  feal'd  on  the  Shore,  it  has  been 
adjudg'd  to  be  without  the  Admiralty  Jurifdidiion.  My  Lord  Coke 
is  fo  clear  and  full  upon  this  Subject,  and  the  Limits  of  the  Admiralty 
Jurifdidlion  are  fo  exactly  defcrib'd  in  the  feveral  A£b  of  Parliament 
made  for  this  End,  to  fay  nothing  of  the  Cafes  in  the  Books,  where 
greatDamages  are  given  for  infringing  theRights  of  the  commonLaw, 
that  I  (hall  refer  to  them  *  and  purfue  this  Argument  no  further. 


The  fourth  Obje£lion, 
That  they  have  made  Laws 
repugnant  to  the  Laws  of 
Great-Britain,  anfwer'd. 


A  N  o  T  H  E  R  Thing  alledg'd  againft  the 
Ar.ierican  Charters  is,  Ihat  their  Go- 
vernments have  made  Laws  repugnant  to 
the  Laws  of  Grc2ki-hx\t2Lvny  contrary  to 
the  Powers  given  them^  and  thereby  have 
incurred  a  Forfeiture  of  the  Charters. 

If  the  Majfachufett  Charter  were  fingly  in  Queftion,  this  Allega- 
tion would  have  no  Place,  becaufe  no  Aft  pais'd  by  that  Aflembly 
has  the  Force  of  a  Law  'till  the  King's  Governour  has  afTented  to  it, 
and  then  it  comes  Home  for  his  Majefty's  Approbation,  who,  if  he 
pleafes,  annuls  it.  There  is  therefore  no  Danger  of  their  making 
Laws  repugnant  to  the  Laws  of  Great-Britain ;  or  if  they  fliould, 
there  being  a  Remedy  always  at  Hand,  if  it  be  not  made  ufe  of,  the 
Fault  will  lie  fomewhere  elfe,  and  can't  afFeft  the  Province. 

But  let  us  exa^nine  a'ittle,  whether  any  of  the  other  Govern- 
ments adling  under  Charters  may  deferve  this  Cenfure  \  in  order  to 
which,  we  muft  confider  what  this  Phrafe  [  repugnant  to  the 


*  Vid.  My  Lord  Coke's  fourth  Tnftitutes,  a:  alfo  the  feveral  Statutes  of 
1}  R.  2.  Cap  5.  15  R.  a.  Cap.  3.  By  the  Statute  of  the  2d  ef 
H.  4  Cap.  II.  in  cafe  a  Matter  try  able  at  common  Law  be  brought  into 
the  Ccttrt  of  Admiralty,  the  Party  grieved  fhall  recover  double  Damages, 
See  the  Statute  of  the  27th  0/  Eliz  Cap.  \\,  as  alfo  the  Cafes  in  the 
Books t  particularly  that  of  Sir  Jofiah  Child  and  Sands  in  Salk.  31.  1. 
tohere  an  ASion  was  brought  on  the  Statutes  of  i^K.  z.  15R.  2.  and 
2  H.  4  for  arre fling  a  Ship  by  Admiralty  Proceft,  the  Matter  not  being 
within  the  Connufance  of  that  Court,  and  tbo'  there  teas  no  Suit,  nor  any 
Plaintiff  or  Defendant,  yet  it  was  held  to  be  a  Profecution,  and  double 
Damages  were  recovefdj  Error  was  afterwards  bro't,  and  the  Judgment 
affirm'd. 

E  Laws 


Laws  of  England  ]  imports.  I  believe  it  will  be  eafily  allow*d, 
that  a  Law  may  be  various  from  the  Laws  of  England,  and  yet  not 
repugnant  to  them  ;  or  otherwife  thefe  Governments  muft  make  no 
Laws  at  all,  which  no  Body  will  fay,  who  knows  that  a  Right  of  Le- 
giflature  is  the  moft  eficntial  Part  of  their  Charters,  and  what  indeed 
the  Reafon  and  Nature  of  the  Thing  make  abfolutely  neceflary. 
Every  Country  has  Circumftances  peculiar  to  itfelf  in  refpefl  of  it*<< 
Soil,  Situation,  Inhabitants,  and  Commerce,  to  all  which  convenient 
Laws  muft  with  the  niceft  Care  and  Judgment  be  adapted ;  whereas 
the  Laws  of  £fff/<7»^  are  calculated  for  their  own  Meridian,  and  are 
many  of  them  no  ways  fui  table  to  the  Mantations,  and  others  not 
poflible  to  be  executed  there. 

This  Point,  however  clear  and  evident,  has  not  been  always 
rightly  underftood.  There  was  a  pretty  extraordinary  Inftance  of  it 
a  few  Years  fmce,  with  refpedt  to  a  Law  in  force  in  Carolina  for 
choofmg  Jury- men  by  Ballot.  This  was  part  of  their  original  Body 
of  Laws,  fram'd  by  the  famous  Earl  of  Shaftjbury,  and  what  they 
had  found  by  Experience  a  great  Prefervative  to  their  Liberties  and 
Properties.  Yet  I  don't  know  how  it  happened,  the  Lord  Palatine 
and  other  Lords  proprietors  of  that  Province,  imagining  this  Law  to 
be  repugnant  to  the  Laws  of  Great- Britain,  and  that  they  (hould 
thereby  incur  a  Forfeiture  of  their  Charter,  dire6led  their  Landgraves 
to  get  it  repeal'd.  The  People  in  that  Government,  unwilling  to 
part  with  what  they  fo  much  efteem'd,  fent  over  two  Deputies  ex- 
prefs  to  fet  the  Matter  in  a  fair  Light  before  their  Lordftiips.  When 
they  arriv'd,  I  accompany 'd  them  at  their  Defires  to  the  Board, 
where  after  fome  Debates,  we  fatisfy'd  their  Lordfhips  that  their 
Charter  could  be  in  no  Danger  on  this  Account,  and  that  one  Law 
might  be  various  from  another  without  being  repugnant  to  it. 

Having  premised  this  Diftinftion,  I  anfwer  the  Queftion  in  di- 
reft  Teims,  ThzX  then  a  Law  in  the  Plantations  may  he  faid  to  be 
repugnant  to  a  Law  made  in  Great-Britain,  when  it  flatly  contradi£ls  it^ 
fofar  as  the  Law  made  here  mentions  and  relates  to  the  Plantation,  Con- 
trariafunt  ad  idem :  And  therefore  one  Thing  cannot  be  faid  to  be 
contrary  to  another,  that  does  not  immediately  relate  to  it,  and  dia- 
metrically oppofe  it.    For  the  Purpofe,  if  a  Law  pafs'd  here  has  its 

Force 


Force  rcftrain'd  to  England^  JValts^  and  the  Town  of  Berwick  on  the 
Tweedy  no  Law  in  the  Plantations  can  properly  be  faid  to  repugn  it  i 
becaufe  whatever  Divcrfity  there  may  be  between  them,  yet  one  ha- 
ving no  Manner  of  Relation  to  the  other,  they  are  not  repugnant. 
I  believe  I  am  right  in  my  Logic k,  hut  am  fare  I  am  as  to  the  legal 
Acceptation  of  the  Phrafe,    becaufe  what  I  advance   is   founded  on 
the  Words  of  an  Aft  of  Parliament.     It  is  the  7th  and  8th  of  King 
William,  which  (  Cap.  22.  Seft.  9th  )   Enafb,  7 hat  all  Laws ^ 
By-Laws,  Ufagesy  or  Cujloms  at  this  Time,  tr  which  hereafter Jhall  be  in 
PraSiice,  or  endeavoured  or  pretended  to  be  in  Force  or  PraSiice  in  any  of 
the  Plantations,  which  are  in  any  wife  repugnant  to  the  before- mentioned 
Laws  or  any  of  them,  so  FAR  as   they   do   relate    to  the 
SAID  Plantations,  or  any  of  them,  or  which  are  any  w^ys 
repugnant  to  this  prefent  A£i,  or  any  other   Law  hereafter  to  be  made  in 
this  Kingdom,  so  faf.  as  such  Law  shall  relate  to  and 
mention  the  5  aid  Plant  ATions,  are  illegal,  null,  andvoid,  to 
all  Intents  and  Pwpofes  ivhatfoever.    If  then  we'll  take  the  Scnfe  of 
the  Phrafe   from  an  A£t  of  Parliament,   (  '  id  where  can  we  have  a 
better  Expofitor  ? )  no  Man  will  pretend  that  there  ever  was  a  L»aw 
made  in  the  Plantations  repugnant  to  the  Laws  of  Great-Britain. 
And  yet  I  am  apt  to  think  that  if  an  Aflembly  (hould  do  a  Thing  fo 
illegal,  they  ought  to  be  punifh'd  for  it  themfelves,  and  not  their 
Conftituents.     They  were  chofen  and  delegated  by  the  People  to 
frame  Laws  according  to  the  Powers  given  them  by  their  refpe^live 
Charters,  which  if  they  exceed,  why  ihould  a  whole  Country  fufFer 
•  for  tneir  Offence  ?  This  would  be  to  punifti  the  Innocent  for  the 
Guilty,  and  is  not  agreable  to  the  Law  in  other  Cafes,  where  if  the 
Truftee  does  any  A61  that  is  illegal  and  beyond  his  Trufl,  the  cejluy  q 
Trufi  is  not  obliged  by  it,  nor  to  be  hurt  for  it. 

If  the  Words  will  receive  any  other  Conftru£tion  than  what  the 
hOt  of  Parliament  has  put  upon  them,  I  think  it  muft  be  fuppos'd  to 
be  this  ;  that  the  Patentees  fhould  not  under  Colour  of  their  parti- 
cular Charters,  prefume  to  make  any  Laws  inconftftent  with  the  great 
Charter  and  other  Laws  of  England,  by  which  the  Lives,  Liberties, 
and  Properties  of  Englijhmen  are  fecur'd.  It  feems  reafonable  eno* 
to  think  that  the  Crown  might  intend  by  this  Injundlion  to  provide 

E  2  for 


for  all  it's  Subje£li,  thaf  they  might  not  he  opprefs'd  by  arbitrary 
Power  i  but  in  whatever  diitant  part  of  the  World  they  were  fettled> 
being  ftill  Subjefts,  they  fliould  have  the  Ufagc  of  EngUJhmen^  be 
prote£led  by  the  fame  mild  Laws,  and  enjoy  the  fame  happy  Govern- 
ment, as  if  they  continued  within  the  Realm.  Confider  the  £x- 
prefHon  in  this  Light,  and  the  Colonics  (  which  I  am  defending  )  are 
flill  fafc,  having  in  no  refpe^l  impaired,  but  many  Ways  improv'J 
the  Liberty  of  the  Subject,  as  I  have  before  fhewn  under  another 
Head.  If  hereafter  fo  unaccountable  a  Thing  fhould  happen,  that 
thofe  Privileges  which  wcr«  defign'd  as  Fences  againft  Oppreffion  and 
defpotick  Power  prove  the  Means  to  introduce  both,  and  the  Body 
of  the  People  (hould  petition  to  be  reliev'd  from  the  "foke  of  their 
Charters,  for  my  part,  I'll  be  no  longer  an  Advocate  for  them.  On- 
ly in  the  mean  Time,  I  heartily  wifh  they  may  not  be  difturb'd,  but 
reft  in  Peace, 'till  then. 


yf  S/A  ObjeSfioHy  That 
ihe  Charter  Colonies  will 


grow  great  and  formidable  ^ 
anfwcred. 


There  is  one  Thing  more  I  have 
heard  often  urg'd  againft  the  Charter 
Colonies,  and  indeed  'tis  what  one 
meets  with  from  People  of  all  Con- 
ditions and  Qualities,  tho',  with  due 
Refpefl  to  their  better  Judgments,  I  can  fee  neither  Reafon  nor 
Colour  for  it.  'Tis  faid.  That  their  encreafmg  Numbers  and  ffeaith, 
join* d  to  their  great  Dijlance  from  Britain,  will  give  them  an  Opportunity 
in  the  Courfe  of  fame  Tears  ^  to  throw  off  their  Dependance  on  tht  Na- 
tion, and  declare  themf elves  a  free  State,  if  not  curbed  in  Time,  by  being 
made  entirely  fubje£f  to  the  Crown,  Whereas,  in  Truth,  there's  no 
Body,  tho'  but  little  acquainted  with  thefe  or  any  of  theiVir/^^rwPJan- 
tations,  who  does  not  know  and  confefs,  that  their  Poverty,  ond  the 
declining  State  of  their  Trade,  is  fo  great  at  pref^iht ,  that  there's  far 
more  Danger  of  their  finking,  without  fome  extraordinary  Support 
from  the  Crown,  than  of  their  ever  revolting  from  it.  So  that  1 
may  fay,  without  being  ludicrous,  that  it  would  not  be  more  abfurd 
to  place  two  of  His  Majefty'.  Beef- Eaters  to  watch  an  Infant  in  the 
Cradle,  that  it  don't  rife  and  cut  its  Father's  Throat,  than  to  guard 
thefe  weak  infant  Colonies,  to  prevent  their  fhaking  ofF  the  Britijh 
Yoke.     Befidcs,  they  are  fo  diftinft  from  one  another  in  their  Forms 

of 


■ 


(  3?  ) 


'  fl 


of  Government,  In  their  religious  Rites,  in  their  Emulation  of  Trade 
and  confequently  in  their  Affections,  that  they  can  never  be  fuppos'd 
to  unite  in  fo  dangerous  an  Enterprize.  It  is  for  this  Rcafon  I  have 
often  wondered  to  hear  fome  great  Men  prcfcfs  their  Belief  of  the 
Feafiblencfs  of  it,  and  the  Probability  of  its  fome  Time  or  other 
a£lually  coming  to  pafs,  who  yet  with  the  fame  Breath  advife,  that 
all  the  Governments  on  the  Continent  be  form'd  into  one,  by  being 
brought  under  one  Vice- Roy,  and  into  one  AfTembly.  For  furcl/ 
if  we  in  Earned  belicv'd  that  there  was  or  would  be  hereafter,  a 
Difpofition  in  the  Provinces  to  rebel,  and  declare  thcmfelvcs  inde- 
pendent, it  would  be  good  Policy  to  keep  them  difunited  i  bccaufe 
if  it  were  poffible  they  could  contrive  fo  wild  and  rafh  an  Under- 
taking, yet  they  would  not  be  hardly  enough  to  put  it  in  Execution, 
unlefs  they  could  firft  ftrengthen  themfelves  by  a  Confederacy  of  all 
the  Parts. 

But  to  return  from  this  fliort  Digreifion  :  Our  Neighbours  of 
Holland,  who  are  allow'd  to  be  a  wife  State,  did  not  entertain  tljefe 
Jealoufies  of  their  Subjcdls  in  India,  when  they  were  a  young  and 
growing  Plantation,  nor  do  they  even  now  when  they  are  a  potent 
flourifhing  People.  Had  they  done  fo,  and  in  Confequence  of  it 
reftrain'd  and  check'd  them,  Holland  would  not  at  this  Day  have 
drawn  fuch  immenfe  Riches  from  that  Part  of  the  World,  and  fur- 
nifh'd  all  Europe  with  Indian  Commodities.  Aid  yet  what  Reafon 
can  be  aflign'd  for  the  Jealoufies  we  entertain  of  our  Colonies, 
which  the  Dutch  have  not,  and  far  ftronger  with  Refpeil  to  their 
5:?/^v/tf»  Subjefts  ?  If  the  Diftance  be  urg'd  as  an  Argument,cvery 
Body  knows  that  New-England  is  but  a  thoufand  Leagues  from  the 
Brttijh  Shore,  but  the  Dutch  muft  run  eight  Times  that  Ground 
from  Amjierdam  before  they  arrive  at  Baiavia,  Or  if  the  Number 
and  Power  of  the  Inhabitants  Ihould  give  any  Umbrage,  this  is  an 
Article  which,  with  RefpeCl  to  Batavia,  won't  admit  of  the  mofl: 
diftant  Comparifon.  The  General  of  that  Place  maintains  a  Pojt 
fuperiour  to  many  Sovereign  Princes  in  Europe,  and  has  all  the 
Kings  in  Java  in  a  Manner  Tributary  to  him.  He  has  3000  ftand- 
ing  European  Troops,  not  reckoning  the  Natives  ;  and  all  the  Dutch 
Inhabitants  live  in  that  flowing  Wealth  and  Plenty,  which  m:ikes 

Batcjvlii 


(34) 


fc 


Batavla  look  like  the  Capital  of  a  great  and  mighty  Empire.     But 
do  the  States  of  Holland  look  on  this  their   profperous  Condition 
with  envious  or  jealous  Eyes  ?  Juft   the  Reverfe  ;  they   do  every 
Thing  in  their  Power  ftill  to  promote  and  advance  it,   well  knowing 
their  foreign  Plantations  can't  thrive,   but  they  muft  receive  the 
Benefit  of  it  themfelves,and  therefore  juftly  efteem  theWealth  of  their 
Subjects  abroad  as  their  own  Riches.     Why  then  ftiould  not  Great 
Britain  form  the  fame  Judgment,   and  proceed  by  the  like  Mea- 
fures  in  Regard  to  her  American  Dominions,  from  whence  (he  re- 
ceives the  greateft  Advantages  ?  It  were  no  difficult  Tafk  to  prove 
that  London  has  rifen  out  of  the  Plantations,  and  not  out  of  England, 
'Tis  to  them  we  owe  our  vaft  Fleets  of  Merchant  Ships,  and  confe- 
quently  the  Increafe  of  our  Seamen,  and  Improvement  of  our  Na- 
vigation.    'Tis  their  Tobacco,  Sugar,  Filh,  Oil,  Logwood,   an  J 
other  Commodities,  which  have  enabled  us  to  fupport  our  Trade 
in  Europe,  to  bring  the  Ballance  of  fome  Countries  in  our  Favour, 
which  would  otherwife  be  agalnft  us,  and  to  make  the  Figure  we 
do  at  prefent,  and  have  done  for  near  a  Century  pafi:,  in  all  Parts 
of  the  commercial  World. 

The  Mother  Kingdom  muft  therefore  needs  rejoice  in  the  Pro- 
fperity  of  every  one  of  her  Colonies,  becaufe  it  is  her  own  Pro- 
sperity. The  Fable  of  the  Belly  and  Members  illuftrates  this  Argu- 
ment. It  would  be  unreafonable  for  the  Belly  to  grudge  the  Labour 
of  digefting  the  Food,  and  difperfing  the  Blood  and  Juices  to  the 
extream  Parts,  feeing  they  return  purify'd  and  exalted  in  the  Cir- 
culation. There's  a  clofe  Analogy  between  the  Natural  Body  and 
the  Body  Politick  ;  as  in  the  one,  a  Finger  can't  ake,  but  the 
Whole  feels  it,  fo  in  the  other,  the  remoteft  Plantation  can't  decay, 
but  the  Nation  muft  fuiFer  with  it. 

If  it  be  faid  that  the  Charter  Colonies  are  not  fo  valuable  as 
fome  of  the  reft,  I  anfwer,  that  the  Inhabitants  have  the  more 
Need  of  their  Charters  to  make  them  amends ;  for  People  muft 
have  fome  Encouragement  to  fit  down  on  a  cold  and  barren  Soil. 
Yet  I  have;  fhown  before,  that  they  are  many  Ways  of  great  Ufe 

and 


But 

edition 

every 
lowing 
ve  the 
of  their 
:  Great 

Mea- 
[he  re- 
3  prove 
'ngland» 

confe- 
mr  Na- 
il,  and 

Trade 
favour, 
»ure  we 
U  Parts 


:he  Pro- 
vn  Pro- 
Is  Argu- 

Labour 
s  to  the 
the  Cir- 
ady  and 

but  the 
't  decay, 

iluable  as 
le  more 
pie  muft 
ren  Soil, 
;reat  Ufe 
and 


(  35) 

and  Advantage  to  the  Crown  j  to  which  I  add,  that  they  will  be 
more  fo  than  ever  in  a  few  Years,  to  ftrengthen  the  Britijh  Empire 
in  y/wmfdf  againft  the  formidable  Settlement  o^  Loljiana^  which  for 
fome  Years  paft  has  been  carry *d  on  by  the  French  with  great  Ex- 
pence,  and  with  the  utmoft  Vigour  and  Application.  This  Country 
was  given  by  the  late  French  King  to  the  Sieur  Croizat,  but  is  now 
(as  every  Body  knows)  in  the  famous  Mijpftppi  Company,  who  have 
a  Fund  of  an  Hundred  Millions  of  Livres  for  this  very  Purpofe,  and 
are  daily  fending  over  a  vaft  Number  of  People  for  Tillage,  as  well 
as  all  Sorts  of  Artificers,  with  proper  Materials  for  making  a  Settle- 
ment. It  is  fituate  on  the  great  River  of  MiJ/lftppi,  and  by  Help 
of  the  fuperiour  Lakes  and  Rivers,  on  fome  of  which  the  French 
have  already  cred:cd  Fortrefles,  a  Communication  may  be  made 
between  Neiv- France  and  the  Gulph  of  Mexico,  which  indeed  v/as 
the  very  Scheme  of  the  French  Court  in  projefting  this  Enterprize, 
as  is  exprefly  declar'd  in  the  Preamble  to  Jroizat's  Patent.  'Tis 
eaO  then  to  fee,  that  the  French  will  be  hereby  enabled  to  draw  a 
Line,  and  in  Time  have  a  Chain  of  Towns  oh  the  Back  of  all  our 
Colonies,  from  the  Borders  of  Cape  Breton  to  the  Weftermoft  Part 
of  Carolina.  And  what  Briton  can  confider  this,  without  being  in 
Pain  for  the  Fate  of  our  Provinces  in  future  Times  ?  Efpecially 
fmce  we  know  that  the  Adinois,  and  other  warlike  hdiiin  Nations, 
lye  near  the  French,  and  for  many  Reafons,  which  it  would  be  too 
much  a  Digreffion  to  recount  here,  are  devoted  to  ineir  Intereft, 
and  by  Confequence  ready  at  all  Times  to  join  thtir  Forces  in  any 
Attempt  againft  us. 

This  being  the  Cafe,  I  think,    with  humble  Submiffion,    it  is 

very  prepofterous  t©  amufc  our  felves  with  vain,  maginary  Profpcds 

of  what  is  fcarce  poflible  to  come  tc   pafs,  and  negU6t  doing  what 

is  abfolutely  neceflary  j  I  mean,  the  enlarging  and  fupporting   our 

Provinces,  that  they  may  be  able  to  defend  themfelvcs  againlt  being 

one  Day  totally  extirpated  by  a  foreign   Power.     And  then  1  have 

only  to  fuggeft  an  old  approved  Maxim,  That  every  Thing  is  hcf 

preferred  by  the  fame  Principles  by  ivhich  it  was  at  firjiform'd,  and 

confequently  the  beft  Method  of  encouraging  the  Chapter    Colonies 

is,  to  preferve  their  Privileges  inviolate,  without  which  they   had 

never  been  fettled. 

Another 


(  3')» 


n 


:i'  . 


I' 
[Hi. 


The  ^d  Propofition, 

That  it  is  not  the  In- 

iereji  of  the   Crown  to 

refume  the   Charters  if 

forfeited. 


Another  Propofition  I  advanced 
was.  That  if  thcfe  Governments  fhould 
be  adjudged  to  have  forfeited  their  Char- 
ters back  to  the  Crown,  yet  it  is  not  the 
true  Intereft  of  the  Crown  to  refume 
them. 


It  is  a  generally  receiv'd  Opinion,  That  the  People  in  the  Plan- 
tations have  an  Intereft  diftinft  from  that  of  the  Crown  ;  when  it  is 
fuppos*d  at  the  fame  Time,  that  the  Interefl  of  the  Governours, 
they  being  the  King's  Reprefentati^cs,  is  one  with  the  Crown  j  and 
from  thefe  Premifes  it  is  concluded,  that  there  can't  be  too  much 
Power  given  to  the  Govern: urs,  or  too  little  to  the  People.  Where- 
as, with  humble  Submifllon,  I  conceive  this  to  be  a  very  wrong 
Judgment,  and  th?,t  the  Reverfe  of  it  is  true.  The  only  Intereft 
of  the  People  is  to  thrive  and  flourifh  in  their  Trade,  which  is  the 
true  Infjreft  of  the  Crown  and  Nation,  becaufe  they  reap  the  Profit 
of  it.  When  on  rhe  other  Hand,  the  View  that  Governours  gene- 
rally have  is  private  Gain,  which  being  too  often  acquir'd  oy  dif- 
cuuraging  and  oppref]ingTrade,it  is  not  only  an  Intereft  diftindl  from 
thatofthv.iJrown,but  extrcamly  prejudicial  to  it.TheTrade  of  a  young 
Plantation  is  like  a  tender  Plant,  and  fhould  be  cherifh'd  with  the 
fondeft  Care  ;  but  if  infte-\d  of  that,  it  meets  with  the  rough  Hand 
of  Oppreflion,  it  will  foon  die.  The  proper  Nurfery  for  this  Plant 
is  a  free  Government,  where  the  Laws  are  facred.  Property  fccure, 
and  Juftlce  not  only  impartially,  but  expeditioufly  diftributed.  For 
to  what  Purpofe  (hall  the  Merchant  expofe  his  Eftate  to  the  Dangers 
of  the  Sea,  the  Enemy,  and  many  more  Accidents,  if  after  all  he 
can't  fave  it  at  Home  frora  Rapine  and  Violence  ? 

As  this  is  evident,  fo  is  it  that  whatever  injures  the  Trade  of  the 
Plantations,  muft  in  Proportion  aft'e<Sl  Great  Britain,  the  Source  and 
Center  of  Commerce ;  from  whence  they  have  their  Manufactures, 
whither  they  make  their  Returns,  and  where  all  their  Superlucration 
is  lodged.  The  Blow  then  may  ftrike  the  Colonics  firft,  but  it  comes 
Home  at  laft,  and  falls  heavieft  on  our  felves* 


That      t 


\  ' 


(37) 

That  Governours  are  apt  to  abufe  their  Powcr^  and  grow  rich 
by  Oppreflion,  Experience  fhows  us.  We  have  feen,  not  many 
Years  fince,  fome  Governours  feiz'd  by  their  injur'd  People,  and 
fent  Prifoners  to  Whitehall^  there  to  anfwer  for  their  Offences.  O- 
thers  have  fallen  Viftims  on  the  Spot,  not  to  the  Fury  of  a  Fadion 
or  a  Rabble,  but  to  the  Refentment  of  the  whole  Body  of  the  Peo- 
ple, rifing  as  one  Man  to  revenge  their  Wrongs.  Others,  after 
being  recall'd,  have  been  profecuted  at  the  King' s-Bench  Bar,  pur- 
fuant  to  an  A61  of  Parliament  made  in  the  Reign  of  the  late  King 
William,  whereby  it  is  provided,  That  Governours  fhall  be  im- 
pleadable  at  Home  for  any  Injuries  done  in  their  Governments  A- 
broad.  We  have  had  more  than  one  flagrant  Inftance  of  this  very 
lately,  where  Governours  have  been  convifted  and  cenfur*d,  not  fo 
properly  for  opprefling,  as  for  a  diredl  plundering  the  People,  and 
fuch  other  A6ls  of  Mifrule  and  lawlefs  Power,  as  one  would  not 
have  thought  it  poffible  they  (hould  have  committed,  if  Experience 
hrd      >  (hown  it  to  be  more  than  pofliblc. 

I  don't  however  intend,  by  what  is  here  faid,  to  reproach  our 
own  Nation,  as  if  we  were  greater  Sinners  than  others,  or  to  reflect 
on  the  prefent  Times,  as  if  they  were  worfe  than  the  former.  I 
know  that  the  fame  Abufes  have  been  pra£lis'd  in  every  Age  as  well 
as  this,  and  in  foreign  Colonies  as  well  as  our  own.  The  ancient 
Remans  were  as  brave  and  as  vertuous  a  People  as  any  in  the  World, 
and  yet  their  Proconfuls  or  Governours  were  very  (juiky  in  this 
Refpeft.  Their  Corruption  was  fo  notorious  as  to  be  diflingullni'ii 
by  the  Name  of  Crimen  Repetundarum^  a  Phrafe  not  us'd  in  any  other 
Meaning,  a^.d  j'eriv'd  from  the  Obligation  which  the  Roman  Senate 
laid  on  the/ '  '^j\'^rnours  to  make  Reftitution. 

Nor  have  who  rnodern  Governours  in  the  French  and  Spanijh 
Plantations  been  lefs  Criminal.  It's  a  famous  Story  of  a  Great  M:- 
nifter  at  the  Court  of  Madrid,  who  writ  to  his  Friend  the  Vicc- 
Roy  of  Peru,  that  great  Complaints  were  made  againft  him,  for  ha- 
ving extorted  immenfe  Sums  of  Money  from  the  People  in  his 
Government  j  IVhich,  fays  he,  /  luij})  ma^i  he  true,  or  clfc  you  are 
undone,    xt  feems  the  fame  Thing  that  wounded  him  was  neceflary 

F  to 


(38  ) 


i 


11 


J')'-' 


to  heal  him ;  and  what  put  him  out  of  Favour,  vm  the  only  Thing 
could  reftore  him.  •  '         •  ;  '  i- 

Indeed  it  can  hardly  be  expe^ed,  but  thefe  Corruptions  muft 
happen,  when  one  confiders,  that  few  Gentlemen  will  croft  the 
Seas  for  a  Government,  whofe  Circumftances  are  not  a  little  Streight 
at  Home,  and  that  they  know  by  how  flight  and  uncertain  a  Tenure 
they  hold  their  CommifTions  ;  from  whence  they  wifely  conclude, 
that  no  Time  is  to  be  loft.  And  then  for  the  Account  to  be  ren- 
dred  at  Home,  that  is  not  thought  of  at  fo  great  a  Diftance,  for 
Procul  a  Jove^  procul  a  Fulmiue,  \ 

To  enlarge  then  the  Power  of  Governours,  is  to  give  them 
greater  Power  to  opprcfs ;  and  to  vacate  the  Charter  is  to  enlarge 
their  Power,  the  Government  in  'nt  Cafe,  of  Courfe  devolving  up- 
on them  ;  as  we  fee  in  thofe  x '  >•  ons  which  never  had  any 
Charters,  but  are  immediately  depen  ,nt  on  the  Crown.  There 
they  have,  in  a  Manner,  the  entire  lepiflative  and  executive  Powers, 
or  at  leaft  fo  great  an  Influence  on  the  conftituent  Parts  of  the  for- 
mer, as  leaves  them  little  more  than  nominal  Sharers,  ferving  rather 
aK  Screens  to  the  Governour  than  a  Defence  to  the  People,  The 
Militia  is  abfolutely  vefted  in  the  Governours,  which  influences  all 
Ele«Stions  of  Reprefcntatives  :  They  appoint  Judges,  Juftices,  Sheriffs 
and  other  civil  Officers,  with  the  Confent,  it's  faid  indeed,  of  th^ 
Council  ;  but  that  fuch  Confent  voluntary  or  involuntary,  will  ever 
be  refub'd,  feems  too  much  to  be  expedcd,  if  we  confidcr,  that  tho* 
the  Governours  do  not  indeed  appoint  the  Council,  yet  they  recom- 
mend proper  Perfons  to  the  King  ;  and  it  may  be  fuppofed,  that  a 
Gentleman  who  is  intrufted  with  the  chief  Command  of  a  Province, 
and  is  adually  on  the  Spot,  will  he  thought  the  beft  Judge  who  arc 
fit  to  ferve,  and  therefore  his  Recommendations  will  almoft  always 
prevail.  Defides,  if  there  be  a  Turn  to  ferve,  or  an  Emergency* 
real  or  imaginary,  and  any  of  the  Members  fhould  be  fo  refradtory  a^ 
not  to  give  into  his  Meafures  with  an  implicit  Faith,  the  Governour 
can  fufpend  as  many  of  them  as  he  pleafes  ;  and  when  he  has  reducM 
the  Board,  under  a  Number  limited  in  his  InftrujSlions,  he  can  then 
fill  it  up  to  that  Number  injlanter  with  whom  he  pleafes  ;  and  who 
will  they  Le,  may  we  prcfume,  but  fuch  as  are  paflively  obedient  to 

hii 


V 


V 


(  39) 

his  Will  ?  And  too  many  fuch  there  are  to  be  found  in  all  Colonics 
fo  conftituted,  who  are  content  to  be  y^fi^i//^^/ themfelves,  provided 
they  may  ride  others  under  the  chief  Rider.  I  muft  farther  obfcrve, 
that  where  there  arc  no  Charters,  there  are  Courts  of  Equity  efta- 
blifti'd,  in  which  the  Governour  is  always  Chancellor,  and  for  the 
moft  Part  Chief  Juftice,  and  Ordinary  at  the  fame  Time  ;  which 
puts  the  Ettate,  Lives,  and  Liberties  of  the  Inhabitants,  faving  the 
Liberty  of  Appeal  at  Home,  entirely  in  his  Difpofal  ;  and  even  an 
Appeal  in  all  Cafes  under  a  confiderable  Sum,  in  all  Cafes  of  the 
ordinary  JurifdicSlion,  and  in  all  Cafes  Capital,  is  either  difaliow'd 
by  his  Inftruitions,  or  wholly  in  the  Governour 's  Breaft  to  allow 
or  not. 

The  Sum  of  my  Argument  is,  That  the  Benefit  which  Gre/it 
Britain  receives  from  the  Plantations  arifes  from  their  Commerce  : 
That  Oppreflion  is  the  moft  oppofite  Thing  in  the  World  to  Com- 
merce, and  the  moft  deftrudive  Enemy  it  can  have  :  That  Gover- 
nours  have,  in  all  Times,  and  in  all  Countries,  been  too  much  in- 
clin'd  to  opprefs  :  And,  confequently,  it  cannot  be  the  Intereft  of 
the  Nation  to  encreafe  their  Power,  and  Leften  the  Liberties  of  the 
People,  I  am  fo  fanguine  in  this  Opinion,  that  I  really  think  it 
would  be  for  the  Service  of  the  Crown  and  Nation  to  incorporate 
thofe  Governments  which  have  no  Charters,  rather  than  Disfranchize 
thofe  that  havf.>. 

The  laftThingl  proposM  to  confider        T/;^  4//^  Propofition, 

was,  How  far  it  may  be  confiftent  with  That  it  feems  inconjijhnt 

Juftice,  to  deprive  the    Colonies  of  their  ivith  Jnjiice  to  Disfran- 

Charters,    without    giving    them     a  fair  chi%e  the  CharterColonies 

Trial,   or  any  previous  Notice.  by  an  A6i  of  Parliament, 

It  is  certain,  that  Bills  of  Attainder,  fuch  as  this  would  be,  have 
been  feldom  iis*d  in  England^  and  then  only  upon  the  moft  extraor- 
dinary Occafions :  As  when  flagrant  Crimes  have  been  committed 
of  a  new  and  unufual  Nature,  againft  which  the  Law  had  made 
no  Provifion  ;  or  when  the  WitnefTes  have  avoided,  and  perhaps  by 
the  Contrivance  of  the  Party  j  or  laftly,  whirh  i?  the  moft  common 

F  2  Calb 


•■-15>.., 


4 


^  I 


I 


Kl 


V- 

sty  ■ 

■  ■J 


i\' 


hV 


(  40) 

Cafe,  when  the  attainted  Perfon  having  himfelf  abfconded,  and  fled 
from  Juflice,  has  thereby  made  fuch  an  extrajudicial  Proceeding  jufti- 
iiable.  h  is  alfo  as  certain,  that  neither  of  thefe  Things  can  be 
pleaded  in  the  prefent  Cafe,  which  I  need  not  be  particular  in  (how 
ing,  becaufe  not  fuggefted,  nor  is  there  the  leaft  Colour  for  fuch  a 
Suggeftion.  And  yet  I  pretend  to  know  the  People  in  the  Charter 
Governments  fo  well,  and  to  be  fo  thoroughly  acquainted  with  their 
meek  Principles  of  Obedience,  that  I  dare  aflirm,  if  fuch  an  Ad: 
fhould  pafs,  however  rigorous  and  fevere  ihey  might  think  it  within 
thcmfelves,  they  would  not  let  fall  an  indecent  Word  of  their  Su- 
periours,  but  would  receive  the  News  with  the  loweft  Submiflion  • 
So  great  is  tlieir  Loyalty  to  the  King,  and  fo  profound  their  Regard 
for  the  Refolutions  of  a  BritiJJ)  Parliament,  the  wifeft  and  moft 
auguft  Aflembly  in  the  World.  However,  feeing  there  is  no  fuch 
Aci  already  pafs'd,  and  'tis  to  be  hop'd,  from  the  Honour  and  Ju- 
ftice  of  Parliaments,  never  will,  it  can't  be  thought  a  Crime  modeftly 
to  State  the  Hardfhip  of  the  Cafe  :  I  don't  mean  with  Refpedt  to  the 
Merits  of  if,  which  have  been  already  confider'd,  but  as  to  the  Man- 
ner of  Proceeding  by  Bill  in  Parliament,  It  is  a  moft  facred  and  un- 
alterable Rule  of  Juftice,  and  has  ever  been  fo  efteem'd  by  all  the 
civiliz'd  Nations  of  the  World,  that  no  Perfon  be  depriv'd  of  Life, 
Liberty  or  Eftate,  or  any  Thing  he  pofleffes,  'till  he  has  had  Time 
2nd  Opportunity  to  make  his  Defence.  And  if  the  Matter  in 
Judgment  be  of  great  Value,  dearly  paid  for,  and  long  enjoy'd,  it 
adds  much  to  the  Weight  of  the  Argument,  and  aggravates  the  In- 
jury in  depriving  the  PofTeflbrs  unheard.  Now  this  is  the  Cafe  of 
the  Charter  Governments.  How  great  the  Purchafe-Confideration 
was,  has  been  before  faid  ;  but  how  valuable  the  Charters  thcmfelves 
are,  can  never  be  faid.  Liberty  being  cftimable.  And  for  the  Time 
they  have  enjoy'd  them,  were  they  not  on  Record,  it  would  be 
what  the  Civillians  call  Immemorialy  one  of  them  being  above  Four- 
fcore  Years  ftanding.  It  feems  therefore  a  Severity  without  a  Pre- 
cedent, that  a  People,  who  have  the  Misfortune  of  being  a  Thou- 
sand Leagues  diftant  from  their  Sovereign,  a  Misfortune  great  eno* 
^n  it  felf,  fliould  unsummon'd,  unheard,  in  one  Day  be 
depriv'd  of  all  their  valuable  Privileges,  which  they  and  their  Fathers 
have  enjoy'd  for  near  a  hundred  Years.     It's  true,  the  kpiflative 

Po'»er 


and  fled 

ngjufti- 

can  be 

n  (how* 

r  fuch  a 

Charter 

ith  their 

an  A£t 

it  within 

leir  Su- 

miffion  • 

Regard 

id   moft 

no  fuch 

and  Ju- 

modeftly 

a  to  the 

he  Man' 

and  un- 

yrall  the 

of  Life, 

ad  Time 

latter  in 

oy'd,   it 

the  In- 

Cafe  of 

ideration 

emfelves 

;heTime 

rould  be 

ic  Yoxxx' 

t  a  Pre- 

i  Thou- 

eat  eno* 

Day  be 

r  Fathers 

ciflative 

Power 


( 41 ) 

Powe"-  is  abfolute  and  unaccountable,  and  King,  Lords  and  Com- 
mons may  do  what  they  pleafe  ;  but  the  Queftion  here  is  not  about 
Power ^  but  Right  :  Jnd  jhall  not  the  fupreme  Judicature  of  all  the 
Nation  do  right  ?  One  may  fay,  that  what  die  Parlia,.iient  can't  do 
juftly,  they  can't  do  at  all.  In  Maximis  minima  eji  Urentia.  The 
higher  the  Power  is,  the  greater  Caution  is  to  be  us'd  in  tiic  Exc' 
cution  of  it,  becaufe  the  Sufferer  is  helplefs  and  without  Refort. 

When  in  an  arbitrary  Reign,  the  Charter  of  New-England  was 
vacated,  a  .^0  JVarrant  iirft  gave  the  Colony  Notice  to  prepare  for 
their  Trial.  Altho'  this  was  a  Profecution  at  Law,  and  the  highCourt 
of  Parliament  is  not  ftriilly  confin'd  to  the  Forms  of  the  Courts  be- 
low, yet  i*  is  not  doubted  but  the  great  Fountain  of  Law  and  Juftice 
will  have  -me  Regard,  if  not  to  all  the  Rules  made  for  inferiour 
Judicatures,  yet  to  fuch  as  are  eflential  to  Juftice.  And  fo  in  other 
Cafes  it  has.  For  the  Purpofe  ;  If  a  Bill  be  brought  into  the  Houfe 
of  Commons  that  touches  any  Man's  Property  in  Ireland^  it  muft  lie 
thirty  Days,  that  the  Party  may  have  Notice,  and  not  fuffer  unheard. 
Why  then  fhould  not  a  reafonable  Time  be  allow'd  to  the  Subjeds  in 
Americay  in  Proportion  to  their  more  diftant  Situation ;  feeing  they 
are  no  lefs  the  Subje£ls  of  the  Crown,  than  the  Inhabitants  of  Ireland '^ 
and  Liberty  is  at  leaft  as  valuable  as  Property  ;  and  furely  the  Con- 
cern of  whole  Provinces  challenges  as  much  Regard  as  the  Intereft  of 
a  Angle  Perfon.  If  it  fliould  be  faid,  as  I  confefs  a  great  Minifter 
once  faid  to  me.  That  the  Regulation  of  Charters  mujl  be  looked  on  as 
Part  of  the  publick  Oeconomy^  and  not  as  the  Affair  of  any  particular 
Perfon  or  Province  ;  I  humbly  apprehend,  with  the  utmoft  Deference 
to  that  great  Perfon,  that  this  does  not  reach  the  prefent  Cafe.  It's 
indeed  very  reafonable  that  all  publick  Affairs  be  fubjed  to  the  De- 
termniation  of  the  publick  Wifdom,  and  there's  no  Occafion  to  notify 
any  Body,  becaufe  every  Body  is  fuppos'd  to  be  prefent  in  the  repre- 
fentative  Body  of  the  Whole  ;  but  here  the  Provinces  to  be  ccnfur'd 
and  depriv'd  have  no  Rcprefentative  in  Parliament,  and  confequeiit- 
ly  muft  be  confider'd  as  abfent  Perfons  fuffering  unheard. 

I  KNOW  of  but  one  Thing  more  that  can  be  faid  to  palliate  a  Pro- 
ceeding againft  the  Charters  in  this  Way>  which  is.  That  tbcProvinces 

ahvin's 


A 


15    >. 


A 


.r^' 


t* 


(42)^ 

always  have  their  refpe^ive  Agents  at  Courts   who  may  be  heard  by 
,       Petition  before  th/  Bill  pajfes  into  an  ASl.     To  which  I  anfwer,  Firji^ 
That  fometimes  they  have  Agents  here,  and  at  other  Times  they 
have  not.     l^ext.  That  a  Bill  niay  pafs  into  an  Ail  without  th» 
,  '      .Knowledge  pOihe  Agents,  they  having  no  Citation.     'I'his  had  once 
y  jy^fi  to  Kive  been  the  Cafe,  when  a  Bill  of  this  Nature  was  formerly 
^  %    brought  into  the  Houfe  of  Commons  j  and  certainly  had  prov'd    fo, 
if  the  Agent  for  New- England  hz^  at  that  nice  Jundture  been  indif- 
pofed  in  his  Health,  or  but  a  Day's  Journey  out  of  Town,  or  if  he 
had  not  been  more  than  ordinarily  adive  and  diligent  when  he  was 
in  Town.     And  laftly,  I  muft  obfcrve  that  Agents  are  only  inflruc- 
ted  in  Things  that-  fall  within  the  ordinary  Courfe  of  Bufinefs,  and 
when  any  Thing  of  a  new  and  extraordinary  Nature  is  brought    on 
the  Carpci",  they  have  a  general  Inftrudlion  to  pray  for  Time  in  or- 
der to  notify  their  Principals,  and  receive  their  fpecial  Commands, 
Befides,  it's  well  known  that  the  Right  Honourable  the  l.ords  Com- 
mifljoners  for  Trade  and  Plantations  were,  at  the  Time  before-men- 
tioned, prepared  to  urge  many  Complaints  both  new  and  old ;  to 
wbich.Fadts  it  hqid  been  imppffiWc  for  any  Agent  to  anfwer  ore  tenus, 
without  being  ever  appriz'd  of  tl)fn;i.  „,fj  ^^,  :y±v:n.ji-^  i /  ^uv^\^   - 

To  conclude.  What  thefe  Govermtients  deiitc  of  their  Superiours  at 
Home  is.  That  they  may  hot  be  judgM   and  condemn'd '  unheard, 
.And  I  cannot  but  flatter  my  felfthcy  will  obtain  it,  whether  I  con- 
fider  die  Reafonablencfs  of  the  Demand  it  fclf,  or  the  celebrated  Juf- 
tice  and  Lenity  of  His  Majefty's  Government,  or  the  Importance  of 
the  Thing  in  Queftion  to  the  Provinces  concern'd.     I  mention  this 
laft  Particular,  being  fure  they  would  reckon  tlie  Lofs  of  their  Privi- 
leges a  greater  Calamity,  than  if  their  Houfes  were  all  In   Flames  at 
pnee.     Nor  can  they  be  juftly  blam't3,the  one  being  a  repairableEvil, 
but  the  other  irrepairable.     Burnt  Houfes  may  rife  again  out  of  their 
Afhes,  and  even  more  beautiful  than  before,  but  'tis  to  be  fear'd  that 
\UheTty  once  lojl,  is  lojlfor ^verl,': .  :''.  :  t.'.a"'/  m;!iV>  \  j-vi^-js'-^^J^-vi 


THTrs  I  have  ventur'd  into  the  World  myThoughts  on  the  New* 
Engliincl  Charters  I  happy  !  if  my  imperfedl:  Eflay  may  provoke  fome 
learned  Pen  to  do  full  Juftice  to  the  Subjedt,  which  yet  in  the  great 

./.,-,  .  -  .•      .  ^       .   u'-^r,r.    .      .,    :    ,  ,,,.-  ..,..;■...      Scarcity 


vScnrcity  of  I'ricivls  that  these  Govcnimontfi  have,  f.ccnif.  loo  mudi  to  he 
cxpccte.l.     In  the  iiu-an  Time,  beiiiK  my  self  a  Native  of  one  of  thcni.  I 
could   not  forhcrvr  showing  my  (UKxl-vvill  ;  for  how  little  soever  one  is 
able  to  write,  yet  when  the  Liberties  of  one's  Country  are  threateu'd.  it's 
still  more  dinicnlt  to  be  silent.     The  dumb  Son  of  Croesus,  when  he  saw 
an  Attcmi)t  made  on  his  leather's  Life,  broke  into  a  sudden  Speech  by  a 
strong  IvlTort  of  Nature.     It's  a  fine  Passage  in  Sallust,  which  I've  plac'd 
in  the  Title-page  of  this  little  Work,  Pulchrnm  est  Patriae  benefacere, 
etiani  benedecere  baud  absurdmn  est.     Every  Man  would  be  ambitious 
to  do  his  Country  each  of  the.se  Services,  and  if  I  have  not  been  fortunate 
enough  to  attain  to  either  of  'em,  THIS  shall  be  n.y  Satisfaction,  that  I 
h:ive  always  aim'd  and  cndeavonrM  at  both  ^  ^ 


% 


^A. 


